Backup Documents 02/10/2004 R
BOARD OF COUNTY
COMMISSIONERS
Regular Meeting
FEBRUARY 10, 2004
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
~
AGENDA
February 10, 2004
9:00 a.m.
Donna Fiala, Chairman, District 1
Fred W. Coyle, Vice-Chairman, District 4
Frank Halas, Commissioner, District 2
Tom Henning, Commissioner, District 3
Jim Coletta, Commissioner, District 5
NOTICE: ALL PERSONS WISHING TO SPEAK ON ANY AGENDA ITEM
MUST REGISTER PRIOR TO SPEAKING. SPEAKERS MUST REGISTER
WITH THE COUNTY MANAGER PRIOR TO THE PRESENTATION OF THE
AGENDA ITEM TO BE ADDRESSED.
COLLIER COUNTY ORDINANCE NO. 2003-53, AS AMENDED, REQUIRES
THAT ALL LOBBYISTS SHALL, BEFORE ENGAGING IN ANY LOBBYING
ACTIVITIES (INCLUDING, BUT NOT LIMITED TO, ADDRESSING THE
BOARD OF COUNTY COMMISSIONERS), REGISTER WITH THE CLERK TO
THE BOARD AT THE BOARD MINUTES AND RECORDS DEPARTMENT.
REQUESTS TO ADDRESS THE BOARD ON SUBJECTS WHICH ARE NOT ON
THIS AGENDA MUST BE SUBMITTED IN WRITING WITH EXPLANATION
TO THE COUNTY MANAGER AT LEAST 13 DAYS PRIOR TO THE DATE OF
THE MEETING AND WILL BE HEARD UNDER "PUBLIC PETITIONS."
ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THIS BOARD
WILL NEED A RECORD OF THE PROCEEDINGS PERTAINING THERETO,
AND THEREFORE MAY NEED TO ENSURE THAT A VERBATIM RECORD
OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE
TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED.
1
February 10, 2004
ALL REGISTERED PUBLIC SPEAKERS WILL RECEIVE UP TO FIVE (5)
MINUTES UNLESS THE TIME IS ADJUSTED BY THE CHAIRMAN.
IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY
ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING,
YOU ARE ENTITLED, AT NO COST TO YOU, TO THE PROVISION OF
CERTAIN ASSISTANCE. PLEASE CONTACT THE COLLIER COUNTY
FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST
TAMIAMI TRAIL, NAPLES, FLORIDA, 34112, (239) 774-8380; ASSISTED
LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN
THE COUNTY COMMISSIONERS' OFFICE.
LUNCH RECESS SCHEDULED FOR 12:00 NOON TO 1:00 P.M.
1. INVOCATION AND PLEDGE OF ALLEGIANCE
A. Pastor Roy Shuck, Faith Community Church
2. AGENDA AND MINUTES
A. Approval of to day's regular, consent and summary agenda as amended. (Ex
Parte Disclosure provided by Commission members for summary agenda.)
Approved and/or Adopted with changes 5/0
B. January 7,2004 - BCC/LDC Special
Approved as presented 5/0
C. January 13, 2004 - BCC Regular
Approved as presented 5/0
D. January 21, 2004 - District 3 Town Hall Meeting
Approved as presented 5/0
3. SERVICE AWARDS
4. PROCLAMATIONS
A. Proclamation to designate the week of February 22-28,2004 as "Right-to-
Know Act." To be accepted by Dan Summers, Director of Collier County
2
February 1 0, 2004
Emergency Management.
Adopted 5/0
B. Proclamation to declare the month of February as Retinoblastoma
Awareness Month. To be accepted by Pam Bergsma.
Adopted 5/0
C. Proclamation to designate the week of February 16-22,2004 as "Collier
County Surveyors Week." To be accepted by David J. Hyatt, P.S.M.,
Project Manager, Wilson Miller.
Adopted 5/0
D. Proclamation to designate February 14,2004 as a day of love, marriage and
family. To be accepted by Buddy and Jane Kington.
Adopted 5/0
5. PRESENTATIONS
A. Presentation of contribution from US Home Corporation to the Habitat for
Humanity of Collier County.
Presented
B. Adopt-A-Road "Sponsors of the Year" Presentation.
Presented; If interested in sponsorship you may call 239-417-6320
6. PUBLIC PETITIONS
A. Public Petition request by Mr. John F. Weir to discuss Heron Cove name
approval letter.
7. BOARD OF ZONING APPEALS
A. This item requires that all participants be sworn in and ex parte
disclosure be provided bv Commission members. CU-2003-AR-4583,
Beth Kosmerl and Stuart Kaye representing Kaye Homes Inc., requesting
Conditional Use 9 of the Estates Zoning District to continue the existing
land use as a model home and sales center on 2.85+ acres located at 910 39th
Street SW, in Section 14, Township 49 south, Range 26 east, Collier
County, Florida.
Resolution 2004-48 Adopted w/Stipulations-5/0
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February 10, 2004
B. This item requires that all participants be sworn in and ex parte
disclosure be provided by Commission members. CU-2003-AR-4995,
Mr. Bob Duane of Hole Montes Inc., representing Christ Community
Lutheran School, requests Conditional Use #10 of the Rural Agricultural
District (A) Zoning District for the purpose of a private elementary/middle
school. The property to be considered for the conditional use is located at
14785 Collier Boulevard (CR 951), in Section 34, Township 48 south,
Range 26 east, Collier County, Florida. This property consists of 9.38 acres.
Resolution 2004-49 Adopted w/Stipulation-5/0
C. This item requires that all participants be sworn in and ex parte
disclosure be provided by Commission members. CU-2003-AR-4799,
Edward B. Hanf, representing American Dream Builders, Inc., requests
Conditional Use #9 of the Estates Zoning District for the purpose ofa model
home sales center. The property to be considered for the conditional use is
located at 4050 13th Avenue SW being located at the southwest corner of
13th Avenue SW and Collier Boulevard (CR 951), which is Unit 26, Tract
119, Golden Gate Estates, in Section 15, Township 49 south, Range 26 east,
Collier County, Florida. This property consists of 5 acres.
Resolution 2004-50 Adopted-5/0
8. ADVERTISED PUBLIC HEARINGS
A. Request the Board approve an Ordinance to prohibit fishing on designated
bridges within Collier County, which Ordinance also (1) directs the County
Manager to post appropriate signage~ (2) authorizes the County Manager to
determine those other County bridges upon which fishing ought to be
prohibited~ (3) provides for penalties for violation of the Ordinance~ (4)
directs that the Ordinance be interpreted consisted with F.S. 316.1305,
fishing from state road bridges~ (5) repeals and supersedes Resolution No.
2002-204, which established a fishing prohibition from Bridge No. 03021 O~
(6) provides for the inclusion in the Collier County Code of Laws and
Ordinances~ and (7) provides for an effective date.
Motion to Deny Approved-4/1 (Commisioner Coyle opposed)
B. This item bein2 continued indefinitely. This item requires that all
participants be sworn in and ex parte disclosure be provided by
Commission members. PUDZ-2002-AR-34 1 1, Robert J. Mulhere, AICP,
ofRW A, Inc., representing the applicants, Carl M. Nagel, Managing Partner
of CDN Properties LLC, and Thomas Craig, Craig Construction and
4
February 10, 2004
Restoration, Inc., requesting a rezone from "A" Agricultural to "PUD"
Planned Unit Development for a project to be known as Nagel-Craig
Business Park PUD to allow a maximum of 417,000 square feet of business
park land uses in buildings not to exceed 42 feet in height for 37.5+ acres of
property located on the west side of Collier Boulevard (CR-951 )
approximately 1;4 mile north of Vanderbilt Beach Road, in Section 34,
Township 48 south, Range 26 east, Collier County, Florida.
C. This item to be heard at 1 :00 p.m. This item requires that all
participants be sworn in and ex parte disclosure be provided by
Commission members. PUDZ-2002-AR-3l58, Robert J. Mulhere, AICP,
ofRWA Inc., and Richard D. Yovanovich, Esquire, of Goodlette Coleman
and Johnson, representing Eco Venture Wiggins Pass Ltd., requesting to
rezone a 10.45 acre parcel from C-4 to a residential planned unit
development to be known as "Coconilla" PUD to allow for: A maximum of
95 residential units on +/- 10.02 acres of developable area for a resulting
density of 9.5 dwelling units per acre, specifically including a residential
tower at a building height not to exceed 21 stories over parking (maximum
of 225 feet above the required flood elevation and in accordance with the
provisions of Section 2.6.3.1 of the Collier County LDC), town home units,
and a marina basin with 52 boat slips and customary accessory uses,
including a publicly accessible ship's store and marine fueling station of
approximately 5000 square feet of commercial space; and a +/- 0.80 acre
public use tract providing for additional public vehicle and boat trailer
parking to provide: support for Cocohatchee River Park, access to the
marina ship's store, and egress to Vanderbilt Drive for park patrons to allow
for safe egress via a protected northbound turning movement at existing
traffic signal at Wiggins Pass Road and Vanderbilt Drive for property
located on Vanderbilt Drive, at the western terminus of Wiggins Pass Road
in Section 17, Township 48 south, Range 25 east.
Denied-3/2 (Commissioners Henning and Halas opposed)
D. This item to be heard at 11 :00 a.m. Adoption of an ordinance amending
Chapter 74 of the Collier County Code of Law and Ordinances, as amended
by Ordinance No. 2001-13 (The Collier County Consolidated Impact Fee
Ordinance, as amended) providing for the adoption of a General
Government Building Impact Fee with a delayed effective date of March 1,
2004.
To be brought back at a future BCC meeting Approved-5/0
5
February 10, 2004
9. BOARD OF COUNTY COMMISSIONERS
A. Appointment of member to the Collier County Code Enforcement Board.
Resolution 2004-51 Adopted-5/0 Appointing Robert E. Dowling
B. Appointment of members to the Parks and Recreation Advisory Board.
Resolution 2004- 52 Adopted-5/0 Re-appointing John Macdougall John
Ribes
C. Appointment of member to the Immokalee Beautification MSTU Advisory
Committee.
Resolution 2004-53 Adopted-5/0 Appointing Bernardo Barnhart
D. Appointment of member to the Revenue Commission.
Resolution 2004-54 Adopted-5/0 Appointing Mark Grassar
E. Discussion regarding agenda protocol. (Commissioner Henning)
Motion for County Attorney to reread and clarify motion being
presented- Approved 5/0
F. Appointment of member to the Collier County Coastal Advisory Committee
Resolution 2004-55 Adopted-5/0 Reappointing Ronald M. Pennington
10. COUNTY MANAGER'S REPORT
A. Award Bid #04-3617 for evacuation shelter supplies and equipment to Pro-
Pac Inc., and approve a budget amendment in the amount of $250,000. (Dan
Summers, Director, Emergency Management)
Approved 5/0
B. Approve Change Order #10, Amendment Four, Contract #98-2829, in the
amount of$4,635,152 for the construction of the third floor build-out and
the chiller plant expansion of the Naples Jail Addition to Kraft Construction.
(Len Price, Administrator, Administrative Services)
Approved 5/0
C. For the Board of County Commissioners to consider a request from the
Vanderbilt Beach Beautification M.S.T.U. Advisory Committee to partner
with them in the development of a master plan at a cost of one-half of the
total cost of the master plan at an amount not to exceed $40,000. (Norman
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February 10, 2004
Feder, Administrator, Transportation Services)
Motion to continue to 2/24/04 BCC Meeting Approved-5/0
Continued Indefinitely
D. To review a request to forgive a loan payment from the Collier County Fair
Board in the amount of$38,687. (John Dunnuck, Administrator, Public
Services ).
Moved from Item #16E3
E. Approve resolution to amend County purchasing policy regarding the
retention of expert witnesses and consultants to aid in on-going litigation
Resolution 2004-56 Adopted wi Changes-5/0
11. PUBLIC COMMENTS ON GENERAL TOPICS
12. COUNTY ATTORNEY'S REPORT
13. OTHER CONSTITUTIONAL OFFICERS
Added
A.
This item to be heard immediately followin2 8D: Approval of Interlocal
Agreement for Election Services for the City of Naples special election
February 17, 2004.
Approved-5/0
14. AIRPORT AUTHORITY
A. Approve a resolution terminating for convenience a grant to the Airport
Authority from the Economic Development Administration for
improvements to the Immokalee Airport Infrastructure (Project 33327 in
Fund 496).
Resolution 2004-57 Adopted-5/0
B. Approve Budget Amendment recognizing award of Federal Aviation
Administration Grants, eliminating a previously approved project, and
returning net adjustment to General Fund.
Approved 5/0
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February 10, 2004
15. STAFF AND COMMISSION GENERAL COMMUNICATIONS
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16. CONSENT AGENDA - All matters listed under this item are considered to be
routine and action will be taken by one motion without separate discussion of
each item. If discussion is desired by a member of the Board, that item(s) will
be removed from the Consent Agenda and considered separately.
------------------------------------------------------------------------------------------------
A. COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES
1) A Resolution by the Board of County Commissioners of Collier
County, Florida, authorizing acceptance of the Fiscal Year 2003-2004
State of Florida Office on Homelessness Challenge Grant A ward,
approving execution of Challenge Grant A ward, approving execution
of Challenge Grant Sub-Recipient Agreement(s) by the County
Manager or the Community Development and Environmental
Services (CDES) Division Administrator, authorizing acceptance of
the Grant Agreement from the Department of Children and Families,
and providing for an effective date.
Resolution 2004-36
2) Approve a budget amendment recognizing the Fiscal Year 2003-2004
State Challenge Grant A ward in the amount of $82,500 to be passed
through 100% to the Collier County Hunger and Homeless Coalition.
3) Request to grant final approval of the roadway (private), drainage,
water and sewer improvements for the final plat of "Indigo Lakes Unit
Two." The roadway and drainage improvements will be privately
maintained, the water and sewer improvements will be maintained by
Collier County.
Resolution 2004-37 wi release of maintenance security
4) Request to grant final approval of the roadway (private), drainage,
water and sewer improvements for the final plat of "Indigo Lakes Unit
Four." The roadway and drainage improvements will be privately
maintained, the water and sewer improvements will be maintained by
Collier County.
Resolution 2004-38 wi release of maintenance security
8
February 10, 2004
5) Request to grant final approval of the roadway (private), drainage,
water and sewer improvements for the final plat of "Naples Lakes
Country Club Unit Two." The roadway and drainage improvements
will be privately maintained, the water and sewer improvements will
be maintained by Collier County.
Resolution 2004-39 wi release of maintenance security
6) Request to grant final approval of the roadway (private), drainage,
water and sewer improvements for the final plat of "Brynwood
Preserve." The roadway and drainage improvements will be privately
maintained, the water and sewer improvements will be maintained by
Collier County.
Resolution 2004-40 wi release of maintenance security
7) Request to approve for recording the final plat of "Fiddler's Creek
Phase 3, Unit Two," and approval of the Standard Form Construction
and Maintenance Agreement and approval of the amount of the
Performance Security.
8) Petition A VESMT2002-AR3244 to disclaim, renounce and vacate the
County's and the Public's interest in all of the conservation easement
conveyed to Collier County by separate instrument and recorded in
Official Record Book 1947, Pages 429 through 436, Public Records of
Collier County, Florida, and to accept a relocation conservation
easement, located in Section 17, Township 51 south, Range 27 east.
Resolution 2004-41
B. TRANSPORTATION SERVICES
1) Board to waive the recovery of relocation expenses of$6666.67,
resulting from the negotiated resignation of Mr. Michael A.
Etelamaki, P.E., releasing any right the County may have in
reclaiming said relocation expenses, finding that payment of
relocation expenses, in this case, is in the best interest of the County.
2) Approve the purchase of 3 .185 acres of land of which. 771 acres are
required for road right-of-way and drainage easements for the
Vanderbilt Beach Road Expansion Project. Project No. 63051 (fiscal
impact $336,300.00).
9
February 10, 2004
3) Board approval of Adopt-A-Road Program agreements at the Board of
County Commissioners Meeting on February 10, 2004.
-wi South Naples Communities
4) Approve the Interlocal Agreement between Collier County and the
City of Naples to implement construction inspection and protection
procedures during the Golden Gate Parkway Construction Project for
the City's 36-inch water main supplying drinking water to over 80%
of the City's residents. (Project No. 60027.)
5) Approve selection committee ranking of firms for contract
negotiations for RFP 04-3588 "Fixed Term Material Testing Services"
(estimated dollar amount of contract not to exceed $500,000 annually
per firm).
-as detailed in the Executive Summary
6) Request the Board approve a resolution approving a local agency
program agreement with the State of Florida Department of
Transportation, for the design and construction of sidewalks and
bicycle lanes in Everglades City, and authorizing its execution
($208,180).
Resolution 2004-42
7) Approve a resolution to allow the Chairman of the Board of County
Commissioners to enter into a Local Agency Agreement (LAP) with
the Florida Department of Transportation (FDOT) to provide for
roadway lighting along US 41-North Tamiami Trail from Myrtle
Road to Pine Ridge Road at a cost of approximately $400,000.
Resolution 2004-43
8) Approve a request from the Collier County Metropolitan Planning
Organization to contribute $300 to the Florida Metropolitan Planning
Organization Advisory Council for Legislative Advocacy Activities,
fiscal impact $300.
C. PUBLIC UTILITIES
1) Approval of an interlocal agreement between the City of Marco Island
and Collier County, Florida for provision by the City for wastewater
collection and treatment services to the Calusa Island Village
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February 10, 2004
Development.
2) Recommendation to increase Contract #02-3319 for SCWRF berm
maintenance to J. P.'s Lawn Care, Inc., to the approximate annual
amount of$50,160.
3) Approve right-of-way consent agreement and associated
memorandum with Florida Power and Light Company permitting the
construction of raw water transmission mains and associated electrical
lines within Florida Power and Light Company power-line right-of-
way between the South County Regional Water Treatment Plant
(SCR WTP) and Rattlesnake Hammock Road (SCR WTP Well field
Expansion, Project Number 70892). Transaction cost should not
exceed $50.00.
D. PUBLIC SERVICES
1) Approve a budget amendment recognizing $1520 in revenue from
private contributions, and appropriating funds for the purchase of
sailboats for the Collier County Sailing Center.
E. ADMINISTRATIVE SERVICES
1) Amend County purchasing policy to establish a comprehensive
vendor debarment and suspension policy.
Resolution 2004-44
2) Report and ratify staff approved change orders and changes to work
orders to Board approved contracts.
Report covers period beginning on or about January 2,2004
through January 28, 2004.
Moved to Item #10E
3) Approve resolution to amend County purchasing policy regarding the
retention of expert witnesses and consultants to aid in on-going
litigation.
11
February 10, 2004
4) Recommendation to accept staff's short list for architectural services
for the new Sheriff's Special Operations Facility ITN #03-3550.
-as detailed in the Executive Summary
F. COUNTY MANAGER
Continued to 2/24/2004 BCC Meeting
1) Recommendation to award Bid No. 04-3604, a power catamaran boat
in the amount of$43,713.50 to Twin Vee, Inc.
FirelRescue Boat for the Ochopee Fire Control District for the
proper fire protection of Club Everglades.
2) Approval of a Budget Amendment Report - BA#04-l2l in the
amount of $3,626 to outfit new donated fireboat with a pump for
fire fighting purposes.
3) Board approval of distribution of the Five Cents and Six Cents Local
Option Gas Taxes based on the actual transportation expenses
incurred during the period from FY98 through FY02.
Resolution 2004-45
G. AIRPORT AUTHORITY
H. BOARD OF COUNTY COMMISSIONERS
I. MISCELLANEOUS CORRESPONDENCE
1) Miscellaneous items to file with action as directed.
J. OTHER CONSTITUTIONAL OFFICERS
1) That the Board of County Commissioners make a determination of
whether the purchases of goods and services documented in the
Detailed Report of Open Purchase Orders serve a valid public purpose
and authorize the expenditure of County funds to satisfy said
purchases. A copy of the Detailed Report is on display in the County
Manager's Office, W. Harmon Turner Building, 3301 East Tamiami
Trail, 2nd Floor, Naples, FL.
12
February 10, 2004
Report covers time period from December 27, 2003 through
January 30,2004
2) To accept the background information provided to the Clerk of the
Circuit Court for a fortuneteller permit and to provide the permit as
submitted by the County Manager's Office.
Fortune Teller Permit 2004-01
K. COUNTY ATTORNEY
1) Approve agreed orders and authorize payment of planning fees for
Parcels 195, 197,218, 181, 184, 198,201,202, 211A, 214, 174, 170
and 172 in the Immokalee Road Project (Wilson to Collier Boulevard
#60018).
Payment of $12,500.00 to Roetzel & Andress Trust on behalf of
the property owners for planning fees of Morris-DePew
Associates, Inc.
2) Approve agreed orders and authorize the payment of appraisal fees in
the Lawsuit styled Collier County v. Ismael Gonzales, et ai, Case No.
02-2159-CA (Immokalee Road Project #60018).
Payment of $4,500.00 to Roetzel & Andress Trust Account on
behalf of the property owner for planning fees.
3) Approve agreed order and authorize the payment of planning fees in
the Lawsuit styled Collier County v. Lazaro Herrera, et ai, Case No.
02-2211-CA (Immokalee Road Project #60018).
Payment of $1559.00 to Roetzel & Andress Trust Account on
behalf of the property owner for planning fees.
4) Request by the Collier County Educational Facilities Authority for
approval of a resolution authorizing the Authority to issue revenue
bonds to be used to finance educational facilities for International
College and to refund currently outstanding bonds previously issued
by the Authority.
Resolution 2004-46
5) Approve the stipulated final judgment relative to the acquisition of
Parcel 117 in the lawsuit styled Collier County v. The Orchards
13
February 10, 2004
Community Assoc., Inc., et ai, Case No. 02-1635-CA (Livingston
Road Project #62071).
Direct staff to pay $21,700.00 to Respondent, Zorn Vanderbilt,
Ltd.
17. SUMMARY AGENDA - THIS SECTION IS FOR ADVERTISED PUBLIC
HEARINGS AND MUST MEET THE FOLLOWING CRITERIA: 1) A
RECOMMENDATION FOR APPROVAL FROM STAFF; 2) UNANIMOUS
RECOMMENDATION FOR APPROVAL BY THE COLLIER COUNTY
PLANNING COMMISSION OR OTHER AUTHORIZING AGENCIES OF
ALL MEMBERS PRESENT AND VOTING; 3) NO WRITTEN OR ORAL
OBJECTIONS TO THE ITEM RECEIVED BY STAFF, THE COLLIER
COUNTY PLANNING COMMISSION, OTHER AUTHORIZING
AGENCIES OR THE BOARD, PRIOR TO THE COMMENCEMENT OF
THE BCC MEETING ON WHICH THE ITEMS ARE SCHEDULED TO BE
HEARD; AND 4) NO INDIVIDUALS ARE REGISTERED TO SPEAK IN
OPPOSITION TO THE ITEM. FOR THOSE ITEMS, WHICH ARE
QUASIJUDICAL IN NATURE, ALL PARTICIPANTS MUST BE SWORN
IN.
A. This item continued from the January 27,2004 BCC meetin2. This item
requires that all artici ants be sworn in and ex arte disclosure be
provided by Commission members. Petition A VPLA T2003-AR5000 to
disclaim, renounce and vacate the County's and the Public's interest in a
portion of the drainage easement located on Tract "F", according to the plat
of "Fountainhead Subdivision Replat" as recorded in Plat Book 27, Pages 53
through 54, Public Records of Collier County, Florida, located in Section 5,
Township 49 south, Range 26 east.
Resolution 2004-47
B. Request Board to repeal Collier County Ordinance No. 2001-76, as
amended, which created the Livingston Road Phase II Beautification
Municipal Service Taxing Unit (M.S.T.U.).
Ordinance 2004-07
18. ADJOURN
IN UIRIES CONCERNING CHANGES TO THE BOARD'S AGENDA SHOULD
BE MADE TO THE COUNTY MANAGER'S OFFICE AT 774-8383
14
February 10, 2004
AGENDA CHANGES
BOARD OF COUNTY COMMISSIONERS' MEETING
February 10. 2004
2A
Item 7C correction to a enda index onl should have read: CU-2003-AR-4799,
Edward B. Hanf (rather than Hane). (Staff request.)
Add Item 9F: Appointment of member to the Collier County Coastal Advisory
Committee. (Staff request.)
Item 100 continued indefinitelv: To review a request to forgive a loan payment
from the Collier County Fair Board in the amount of $38,687. (Staff request.)
Add Item 13A: This item to be heard immediatelv followina 80: Approval of
Interlocal Agreement for Election Services for the City of Naples special election
February 17, 2004. (Supervisor of Elections.)
Clarification of Item 16E2: The purchasing policy allows changes to work orders
issued on non-CCNA contracts up to $100K or up to 10% of the original work
order amount, whichever is more. There is a typo in the last line of the first
paragraph under "Considerations". It should read, "not greater than 10% or
$100,000", not $10,000. (Staff request.)
Move Item 16E3 to 10E: Approve resolution to amend County Purchasing Policy
regarding the retention of expert witnesses and consultants to aid in on-going
litigation. (Commissioner Coyle request.)
Item 16F1: Continued to the February 24. 2004 BCC meetinq: Recommendation to
award Bid No. 04-3604, a power catamaran boat in the amount of $43,713.50 to
Twin Vee, Inc. (Staff request.)
Time Certain Items:
Item 8C to be heard at 1 :00 p.m. PUOZ-2002-AR-3158, Robert J. Mulhere, AICP of
RWA, Inc., and Richard O. Yovanovich, Esquire, of Goodlette Coleman and
Johnson, representing Eco Venture Wiggins Pass, Ltd., requesting to rezone a
10.45 acre parcel from C-4 to a residential planned unit development to be known
as "Coconilla" PUO.
Item 80 to be heard at 11 :00 a.m. Adoption of an ordinance amending Chapter 74
of the Collier County Code of Law and Ordinances, as amended by Ordinance No.
2001-13 (The COllier County Consolidated Impact Fee Ordinance, as amended).
Item 13A to be heard immediatelv followina 80:
PROCLAMA TION
4A
i
'"
WHEREAS, the safe use of hazardous material is essential to business,
industry and local governments to maintain economic stability, and
to protect the citizens of the Ninth Planning District of Florida:
and,
WHEREAS, it is essential to plan and prepare for the accidental release of
hazardous materials and to protect the well-being of all citizens
and visitors in the District: and,
WHEREAS, response teams, such as fire, police, and emergency medical
services must know the types of hazardous materials and 0
chemicals that are being used and stored in the event of an
incident to respond safely: and,
WHEREAS, all citizens have a Right- to-Know the types of hazardous
materials and chelJ!(c(1/~}(''I)..ilZ PlI1munities, and a Right- to-
Know the propeI!tP~'~t~(' ase of an accident or
emergency.
NOW THEREFa/procI41If1f~ tir.~Ae/~,
of:, ,'~f!?"ounty,If!t1ridqi"~~f .thl#'~'""
q, .' .. ,'. of thei;''fIl1~l''f'lanllll'1!l gndfom
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~'~f:1:t:FebruatY....22-:28,J.20(J4;i:,tf,.lfmf.,."cy
IJlght~~-Know...*'1walJf'~J; Ifef#'l,!-Southwest n
lir iJ."i;<;/f..//A / :1'\ t1\\\'k"\
THr~'\l(!'':,jJBtefi1f'~ti.lPQry, 2l
missioners
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by dee/ore the
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PROCLAMA TION
WHEREAS, Retinoblastoma is a very rare disease that affects children,
causing the growth of malignant tumors in the retinal cell layer
of the eye. Ninety percent of the cases OCcur in the first five
years of life,' and,
WHEREAS, it is the most common eye tumor in children, the third most
common cancer that affects children overall and, if left
untreated, Retinoblastoma is almost always fata!,. and,
WHEREAS, over the past 60 years the frequency with which Retinoblastoma
Occurs has increased and is seen in one out of every J 2,000
children in the United States and 7, 000 children worldwide die
from the disetlSe each year due to the delay in diagnosis,' and,
t birth and all
done to
rctlers. The
yular exam
ealthy vision
WHEREAS,
WHEREAS, Colli_~t supports" ,
well!~(Jb~\~ams, tt!!el#l{'lJ~hat/~v~
detecttt1CUlar diseases in 'newborns."inlqnf:
~l!;;'Mition onlyad.'t~~:~ecp;',*(,i ti"e
~r:~ts pennies -, q. smi1l1pr(c~ttDPllt to
fori'all.Df our t;hildren. I, ; "'c!' "<i;}'/'
it' . ....i i/'\f';~<"..' ..' ';".:~rl\{<\~:\ ,',.
NOW THEREF( it A~J(jl!i;ei:lbt:/Jif~r)iI of Coun
of ounty, ..... t/1at ~I:r~\inon'th February,
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.:',. '.:':
RET;fN08LASTOMtff~ ,
, ~:':'$ ,..:,
DONE AND ORDERED
'UNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
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DONNA F. "ALA, CHAIRMAN
ATTEsT:
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~Wanene6,S...
WHAT YOU NEED
TO KNOW:
1. Be alerted to your
RED EYE PHOTOS!
If you get a white
reflection where there
should be a red
reflection... go
immediately to the eye
doctor!
Joseph Hollander Berl
July 5, 1997 - December 22.
"if I would have known the
white dot in his right eye was
a tumor, or ({ his
pediatrician would have
used an ophthalmoscope
...Joey would he ALIVE'"
2. Make sure the
ophthalmoscope is used at
every exam in a darkened
room. It is the "stethoscope"
for the eyes and essential to
the early detection of tumors
and cataracts.
3. An infant needs an eye
dilation exam in order for the
ophthalmoscope to detect tumors,
cataracts and other eye diseases. One
in every 677 live births has a treatable
eye disease that will blind if not
detected and treated.
TO HELP IN THIS CAUSE PLEASE CONTACT:
Pam Bergsma
561-586-2094
lovejoey@bellsouth.net www.lovejoey.com
;
#
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II
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II
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FACTS
THE JOE't
fA~
One in every 12,000 children in the US is affected
with retinoblastoma.
It is the most common eye tumor in children and
the third most common cancer affecting children
overall.
Ell
www
Most cases occur in the first five years of life.
If detected in the early stages it is treatable and the
eye and vision are saved. If allowed to escape the
eye.. .there is no cure.
INFANT EYE CARE.BILL
II Joey. ' s Q. "il.
.. - ,'--- ----- ,. ":'.";-/;
Requires eye dilation drops. be use th . the
Ophthalmoscope before the infant. s the
hospital, the 6 to 8 week well-baby and
one more at the 6 to 9 month well-baby exam.
This only adds ten seconds of time to the exam
and the eye drops cost pennies: Early detection
is vital to saving the vision. and lives of our
children. There are so many things in our lives
we cannot controL. This one we can FIXI
Working together it will happen.
TO HELP Il~THIS CAUSE PLEASE CONTACT:
Pam Bergsma 1619 Sptith K St. / Lake Worth, Fl/ 33460
561-586-2094
lovej oey@bellsouth.net
www.lovejoey.com
(seminars, posters, information)
Through awareness, vision and lives have been saved.
Joey is smiling...his message is being heard!
www.geocities.comnoveujoey3
/
#
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JOEY BERGSMA RETINOBLASTOMA
AWARENESS
Retinoblastoma is the most common eye tumor in children and the third most common cancer
affecting children overall. It develops in the retinal cell layer of the child's eye. One in every 12,000
children in the United States is affected with retinoblastoma. Ninety percent of the cases occur in the
first five years of life. When detected early the eye and vision can be saved and life is not threatened.
When left untreated, the child's eye is enucleated (removed) in order to save their life. If retinoblastoma
is allowed to escape the eye there is no cure. Early detection is vital to saving vision and life.
NOTE: At a recent seminar, an ophthalmologist told us that he diagnosed a bilateral case (both eyes)
in a young girl almost 13 years of age.
What you need to know:
1. You can take a picture of a tumor or cataract. Always be alerted to your
PHOTOS. If you take a red eye picture and do not get a red reflection there could be a
problem. Your retina is supposed to reflect light red. In a red eye picture a tumor will reflect
white. In most cases of retinoblastoma, there is a history of white dot pictures that would
have saved the child's vision or life. www.loveioeV.com
2. The ophthalmoscope needs to be used at every exam in a darkened room. It is
the stethoscope for the eyes. The pediatrician will simply shine it into the child's eyes looking
for a red reflex reaction. If they do not see a strong red reflex, the child should be referred
immediately to an eye doCtor. If you are not sure an ophthalmoscope is being used, do not
assume it is, ASK. A tumor or cataract can start to develop at anytime in childhood.
3. An infant needs an eye dilation exam. The pupil of an infant is small in diameter and
needs to be dilated in order for the ophthalmoscope to see tumors and other ocular diseases
such as cataracts effectively. It is recommended to have the eye dilation exam before leaving
the hospital, the 6 to 8 week well-baby exam and the 6 to 9 month well-baby exam. The
pediatricians that are using eye dilation drops want to see all doctors doing the same. It adds
only ten seconds of time to the regular exam and costs pennies.
NOTE: One in every 677 live births in the United States has a treatable eye disease that will blind if
not detected and treated. Cataracts are ten times more prevalent in infants than retinoblastoma
and can blind as early as two months of age if not treated. Pre mature babies are the only infants in
the US that have an automatic eye dilation exam... we need to ask. Early detection and referral is
the key to saving our children's vision and, in the case of retinoblastoma, lives.
My beloved grandson, Joseph Hollander Bergsma, died needlessly from metastatic retinoblastoma on
December 22, 2000. Joey was three years old. Awareness would have saved his life. I was taking
pictures of the tumor reflecting the light and did not know it... these pictures would have saved his vision
and his life. More importantly, if an ophthalmoscope would have been used to screen his eyes at his 15
month qr 18 month well-baby exam...Joey would be alive. Joey's journey was short, but his message
is powerful. The last year of his life was a miracle. We were at Sloan Kettering in Manhattan for 8
months and the Burzynski Clinic in Houston for over 2 months. The last ten days of his life we were at
home in Florida. Joey died in his house at Lake Osborne where he wanted to be. Everyday was a gift
and I thought he was to be the first child to survive this disease. Through his death I realized the
miracle was, Joey is to be the last child to die needlessly from it. ...
.;
We are saving vision and lives through awareness.
EXHIBIT
I cl~: 18
... 4 g- 11
Cheryl Bull, a West Palm Beach grandmother saw coverage on channel five last February on Joey's
story. Her granddaughter, Elexis, came to visit in April and they went to Disney World. She developed
the pictures from the trip and found several white dot pictures like Joey's. Elexis was taken
immediately to an eye doctor. Elexis was the perfect case scenario. The tumor had just started to
develop... they froze it off with cryotherapy. Elexis not only has her eye and her vision; she has perfect
vision in her eye. The doctors will watch her carefully for the next few years, but foresee no problems.
Jennifer was not so lucky. Last July, Sandra Padilla of Lake Worth complained to her social worker that
there was something wrong with Jennifer's eye. She was eight months old at the time. Susan Slocum
had been looking at Joey's poster in her Healthy Start Office since last November and had recently
seen coverage on II Joey Bergsma Retinoblastoma Awareness Month at the Palm Beach Zoo. on TV.
Susan told Sandra to take a picture of Jennifer in a dark room...Jennifer's pupil was white. Her eye
was removed... it was already blinded by retinoblastoma tumors. Dr. Timothy Murray performed the
eye enucleation at Bascom Palmer in Miami. It is sad that she needlessly lost her eye, but Thank God
she has her life. Jennifer had this developing at birth. The Uten second, two cent" eye dilation exam
would have saved her eye and her vision. NOTE: Jennifer also had strabismus; the eye was rolling
inward. In some cases tumors or cataracts will cause irregular eye movement. Be alerted to your
child's eye movement; like your photos, this coul~ be a clue to something wrong.
Joey is smiling... his message is being heard.
LEGISLATIVE UPDATE:
The Infant Eye Care Bill, nicknamed "Joey's Bill", was written last year (2002) and heard in four
committees. In the last two hearings the vote was unanimously in our favor. Representative Susan
Bucher sponsored the bill in the House and Senator Ron Klein sponsored in the Senate. The bill
numbers were HB 1117 SB 2062.
This year (2003) the bill passed through the committees in which it was heard; but like last year, did not
get to continue through the process to the floor. We will make it to the floor next session (2004) and
U Joey's Bill" will pass... there is no reason not to do this for the children of our state. The bill sponsors
were Rep. Susan Bucher and Senator Alex Villalobos. The bill numbers were HB 0115 SB 2174.
The Bill is asking for the eye dilation exam before they leave the hospital, the 6 to 8 week well-baby
exam and the 6 to 9 month well-baby exam.
These three exams in the first six months of life will help ensure healthy vision for all of the children in
our state. No child will loose an eye, go blind or die to a treatable eye disease again.
Too many children have lost their vision needlessly and had their lives jeopardized this year alone
because we are not doing the eye dilation exam. Healthy vision should be our children's birthright.
Working tOQether we will fix this for the children of our state and our country.
For information, posters, presentations, and to HELP with this
important cause; please contact me at the following:
Pam Bergsma (Joey's grandma) loveioev@bellsouth.net
619 South K St.
Lake Worth, FI. 33460
561-586-2094
www.loveioev.com www.~eocities.comlloveuioev3
"
BaseOID
Palmer
EYE INSTITUTE
[48
-
P.O. BoxOJ6880
Miami, FL 33JOJ
(305) 326-6000
Toll Fn:r in Ronda
( 800) 329-7000
Florida State Legislature
University of Miami
SCHOOL OF ~EDICINE
October 16,2001
REF: Newborn Eye Screening Program Proposal
To Whom It May Concern:
I appreciate the opportunity to discuss with you proposed new legislation to evaluate a
Newborn Eye Screening Program for the State of Florida. I am currently the director of the
Ocular Oncology Service at the Bascom Palmer Eye Institute I University of Miami-School of
Medicine. This Ocular Oncology program is one of the largest existing in the United States
and screens, treats and follows a large contingent of children with debilitating pediatric
diseases, particularly,pediatric oncology problems focusing on Retinoblastoma.
Retinoblastoma is the most common primary eye can~er in children and affects
approximately one in twelve thousand children born within the United States. This
devastating childhood cancer and many other pediatric eye diseases can be more
effectively screened utilizing a Newborn Eye Screening Program as discussed in this
proposal. The focus of this proposal is a mandatory pupilary dilation of all newborns. and
the establishment of an appropriate task force to advise the State Department of Health
Services in the detection .of pediatric congenital and ocular abnormalities, and pediatric
developmental ocular abnormalities that may lead to blindness, vision impairment or
premature death for children in the State of Florida.
Using Retinoblastoma as an example, this disease~ with early diagnosis is imminently
treatable in such a way as to both save life and, with early treatment intervention, save the
affected eye with usable sight. We suggest that dilation of pupils at birth, the 6-8 week well-
baby exam and future well baby exams would significantly decrease the delay in recognition
of a variety of ocular disorders that are both sight and life threatening.
My colleagues and I feel that this legislation would be a first step towards enhancing the
care of all children born in the State of Florida. We hope that this proposed legislation would
be closely evaluated by you so that its benefit can be realized within a short future.
,On behalf of myself, the Bascom Palmer Eye Institute and all children who will benefit from
legislation such as this, pie accept our gratitude for your time and attention to this matter.
Sincerely,
Timothy G.
Associate ofessor I Ophthalmology
, Director Ocular Oncology
Bascom Palmer Eye Institute
University of Miami-School of Medicine
Anne Bates Leach Eye Hospital /900 N.W )i Street
',X'illiam L McKnight \"i!;ion Rest';Jrch Ct'nleT I 16~H N.W: JO .~,,"enu~
--.:--
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THE
RETINOBLASTOMA
CENTER
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Retinoblastoma
International
Ullll\fERS1TI'
OFSOUTIIERN
CALIFORNIA
A Program of the Center for Cancer and Blood Disease
Cnildrens Hospital Los Angeles
February 6, 2003
TO: To Whom It May Concern
RE: Pending Legislation before the Florida Legislature related to Dilation of the
Pupils of the Eyes During Well Child Examination for the Early Detection of
Treatable Intraocular Pathology including Retinoblastoma and Cataracts
To Whom It May Concern:
This letter provides a strong endorsement of the efforts of parents, friends, the
public and the legislature in Florida to consider and hopefully pass legislation
which would have the effect of insuring that all primary care physicians and
others who take care of well babies do what ever. is necessary during well baby
care to detect and refer for treatment disorders inside the eye which can cause
blindness unless treated. Specifically these are congenital cataracts and
retinoblastoma.
We were successful in 2000 of having a law passed in the State of California,
which required the American Academy of Pediatrics to assure the members
would receive guidelines, that would allow the detection of treatable causes of
childhood blindness by age 2 months. The only practical way to do this is to
dilate the pupil as part of the well child examination. This procedure is safe, it
takes perhaps 30 seconds of the nurses time during the weigh in of the child, and
requires the pediatrician or primary care physician to do nothing more then they
are currently dO,ing, use the direct ophthalmoscope to observe a "red eye"
reflection after shining light on the eye. Detection of this, which is the same ured
eye" seen in flash photographs, requires coaxial illumination such as a direct
hand held ophthalmoscope present in every pediatrician's office. As part of the
examination now, primary care doctor's do, in fact, do the ured reflex" test looking
for retinoblastoma. However, because the pupil in an infant, baby or young child
is always very small, the detection of any intraocular pathology is rare without
pupil dilation.
The pupil dilation of very small, premature infants has been routine because of
the need to examine the retinas for retinopathy prematurity. Large national and
international studies have detected no evidence of significant side effects with
the use of dilating drops, even in the use of these very small, very sick, babies,
most under 1000 grams at birth.
The Retinoblastoma Center at Childrens Hospital Los Angeles · 4650 Sunset Boulevard, MS #88 · Los Angeles, California 90027 USA
"a?1 I.I.Q .,799
.WWW.retinoblastoma.net
facsimile 323 660.8541
L4B ,..
The children at risk for congenital cataracts and retinoblastoma are well children
who, for the most part, are normal size. The time that it takes to put the dilating
drop in is perhaps 30 seconds of a nurse's time. The cost is less then ten cents
but the adequate detection of intraocular pathology can in fact prevent blindness
in these children.
Retinoblastoma is rare, probably less then 1 in 10,000, but congenital cataracts,
the other main cause of treatable intraocular pathology, are 10 times more
common being seen as often as once in every 1000 children. At that level, this
incidence compares with congenital heart disease and congenital dislocated hip,
both of which are routinely screened for as part of the well child care.
I want to commend the individuals in Florida, pushing for this legislation and
strongly support on behalf of Retinoblastoma International, which I am medical
director and of the Retinoblastoma Center at Childrens Hospital Los Angeles.
.~.
I
A. Linn Murphree, M.D., Director
The Retinoblastoma Center
Childrens Hospital Los Angeles
Professor, Ophthalmqlogy in Pediatrics
Keck School of Medicine, USC
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www.tcxaschildrcnshospital.org
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BAYLOR
COLLEGE OF
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1('1((.\ \ll'cli( 0/ ( "m"r /'"nIlIOIl
David K. Cllat... \J.D.
'~""'.',.. /',."I."\UIJ .", )J,JI';"fh",./"~,,
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February 13, 2003
Ewl~'n '\. J';I~..se. 'J.n.
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Florida Legislature
Fax: (561) 966-7623
Dear Florida Legislators:
I am writing in support of the Joey Bill, the infant eye screening bill in the State of
Florida. This bill would legislate the need for a dilated eye examination with a direct
ophthalmoscope for infants before leaving the hospit~l, at the six-week well child
examination and at the six-month well child examination. This would greatly increase
the chances of detecting significant pathology, most importantly retinoblastoma but also
cataract and any other media opacities. The addition of the dilating eye drop would not
cause an increase in time or effort for the physician. It would merely entail instilling eye
drops in the waiting room 30 minutes before the doctor's examination. Currently, the
direct ophthalmoscope examination is done without dilation. This greatly hinders the
ability to detect pathology, especially in the periphery of the eye where retinoblastoma
often is. This eye screening bill could result in earlier detection of retinoblastoma and
other blinding/life threatening disease hopefully at a time when it is still treatable.
I urge you to support this bill and if you have any further questions, I would be happy to
answer them. Please don't hesitate to call.
Evel)TI A. Paysse, M.D.
Assistant Professor of Ophthalmology and Pediatrics
EAP:mlt
CORNELL
UNIVERSITY
;"'4 Bi~.
~~~YORI<
.1- l~BYrERlAN
HOSPITAL
Joan and Sanford I. Weill
Medical College
Them.1S C. Lee. M. D.
t\.ui.~llInt Pro!WIJr
Associate Dine/or,
Robtrl M. EIIs1lIOrth Ophtlvllmk Onm/ogy Cmter
Dtpllrl/'llClt 0/ Ophtlvllmology
DiStlZstJ lIr1d $urgtry of tilt R.lrirlllllrld VitrtoJU
Ocu/llr Oncology
c.V. Starr PlviWon, tJI11
520 ust 70th Street
Telephone: 212746-4334
Fu: 212 7t6-2tSO
E-mall:lc1.2002OJned.coma1l.edu
To: Susan Booker
From: Thomas C. Lee, MD
Department of Ophthalmology
New York - Presbyterian Hospital
Re: Infant Eye Screening
House Bill IlI7 Senate Bill 2062
February 25, 2002
Dear Florida Legislature,
The above bill is directed at early detection of a pediatric eye tumor called
retinoblastoma. Unlike most other pediatric cancer. retinoblastoma has a very high cure
rate as long as it is detected early in the eye. There are a number of states which are
currently considering legislation to require that the standard eye exam done in a
pediatrician's office include the use of dilating eye drops to better facilitate detection
with a standard ophthalmoscope. In addition, this test would be done at two
examinations with the first being at 6.8 weeks and the second at 6.9 months. Early
detection wiU not only improve chance for survival but it will also increase the chance for
retaining vision. I fully support the bill above and hope that you will give it serious
consideration.
Srt:e~
Thomas C. Lee, MD
San
Hanlon
Valley
Prilnary Care
I\1edicaI
Group
Pediatrics
Thomas F. Long, M.D.
Tracy L. Trotter, M.D.
Colleen M. Hogan, M.D.
Allen D. Obrinsky. M.D.
Tracy T. Trujillo, M.D.
Internal Medicine
Sue]. Knight. M.D.
Jon C. Rasak. M.D.
200 Porter Drive
Sui te 300
San Ramon, CA 94583
hdiatrics
925.838.6511
InternaljV,fedicine
925.838.653.3
Administration
925.838.6500
Fax
925.838.6544
April 24, 2002
1.48
Mrs. Pam Bergsma
619 South K Street
Lake Worth, FL 33460
RE: Pediatric eve exams
Dear Mrs. Bergsma:
I am primary ~are pediatrician practicing in a suburban community in
Northern California. We have a group comprised of 6 pediatricians
and 3 pediatric nurse practitioners. We have been performing a
dilated eye examine on every infant prior to 2 months of age since
1984. During the last 18 years and over 6300 infants we have had no
side effects or adverse reactions and have diagnosed 3 infants with
congenital cataracts prior to 8 weeks of age.
The drops are instilled by the nurses when the infants are first
brought into the exam rooms and by the time we complete our visit
the eyes are well dilated and easy to examine. The ophthalmoscopic
portion of the exam adds about 20-30 seconds to the visit. The babies
are perfectly comfortable with this procedure and the parents are
delighted with our careful approach to their child's health and
welfare. .
Although we have not had a child with retinoblastoma in our
practice, we realize it is only a matter of time and remain vigilant. I
only wish we had other simple, inexpensive and safe methods of
sl;n:t::iling for oth~r Jist:i:1ses that have as much of a potential
devastating impact as loss of sight or loss of life.
I wish you well in your campaign to educate all physicians providing
care to infants about this sight-saving and life-saving procedure.
Very truly yours,
~~~~,D
Tracy L. Trotter, MD, F AAP
Pediatric & Adolescent Medicine
HuNnNGTON MEDICAL FOUNDATION
Atl cffilidtt of S"ulhan Cdl!fomic HtdlrhG4Tr SyJrcms
DEse"NSO PEDI" TRIes
Kathleen A. Smith, M.D.
Laura E. Mabie,.M.D.
Mary L. Doyle, M.D.
Gregory So' Lizcr, MD.
John G. Rodllttt, M.D.
Florida State L egislatur~
Tnllah assee, Flclridll
Re:House Bill 1117
Senate Bill 2062
Dear Sirs and Madam s:
.4B~
IH' Foothill Boulevard
Suite ~OI
La CanadA, CA. .91%01.
(818) 790-5583
. Fax (818) 790-9517
i
I
My name is La.ura Mabie and I am a gell~ral pe~iatrician locatedjust
outside Los Angeles, California. My officehasbeen doing it dilated eye-
exa.m on all of our 6-to8 week old infants for the lut eight Y~iirli. M~I
medical assistants pla.c~ the dilating drops into the inIn..'11's e}'es whi1:'! the
bnby is b-eing \v'eigbed. The physici:Ul then procee.ds with the regula.r
exam, and does the ophthalmoscopic exam at the end. The UextraU exnm
takes less. than ten seconds. The babies suffer no side effects. They are
not held down in any way. Often the ~:xam is done with the baby in its
m 0 tb r.rt~ arm 8. .
This exaUl is~imple, easy, cheap, and very cost-effective. \Yhile I have
never dingDO$edn crose ofretinobl\l.stoma. r hnv~ pk~:ed up thr~e CUH~ of
eClns~nitl11 catnmcts that l1eed~d to be treated iIInnediately.
I vl"ould nrge. your support of the abov~ ruelltion~d bills. This could easily
save the sight, ifnot the lives, ofbundreds of Florida's children. .
Sine ere Ii' ,
';?~~~./10
La.un E. Mabie, M.D. FAAP
FLORIDA DBPARTMBNT OP
_48",;
Jeb Bush
Governor
HEALT
John O. Agwunobi, M.D., M.B.A.
Secreta~
December 2, 2002
Ms. Pam Bergsma
619 South K Street
Lake Worth, Fl. 33460
561-586-2094
Dear Ms. Bergsma:
lam writing this letter in support of the Infant Eye Screening Bill and urge the
Florida Legislators to do whatever possible to see that this bill gets passed in the
2003 session.
The eye dilation examinations in the beginning of life are vital to the health and
welfare of our children. The ophthalmoscope is to be used for the eyes in a
darkened room at every examination; the same way the pediatrician uses the
stethoscope at every examination. In infancy, the pupil of the eye is small in
diameter, therefore an eye dilation drop needs to be added in order for the
ophthalmoscope to detect tumors and cataracts developing in the eyes.
The drops cost pennies and will add only seconds of time to the well baby
examination. One in every 677 live births has a treatable eye disease. Early
detection and referral is the key to saving the vision and, in the case of
retinoblastoma, lives of these children.
The Infant Eye Care Bill will help to ensure healthy vision and life for the children
of the state of Florida.
y G-:::;;?;.----~ ~
, -----= ~"'^'_,7C ~
_____ J n Marie Malecki, MD, MPH, ACPM
Director
Palm Beach County Health Department
Palm Beach County Health Department
P.O. Box 29, 826 Evernla St.,
West Palm Beach, FL 33402
~
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T-H;;A.L
M,.O.L".O::G.;y
BRAD D. SIMONS, MD, PHD, PA
November 27th, 2002
Re: Infant Eye Screening
To whom it may concern:
Retinoblastoma is the most common ocular malignant tumor of childhood and although it is not a
common disease. it is disproportionately important because its misdiagnosis is one of the few errors
in the practice of ophthalmology that can lead to the death of a child. With early detection and modern
treatment long-term survival rates are over 90%. Thus early detection and intervention is the key.
Even well trained pediatricians can have difficulty detecting an abnormal choroidal light reflex in an
eye harboring a larger retinoblastoma. Nevertheless, it is important for pediatricians to continue to
screen for any pupilary abnormalities throughout early childhood. Any reflex that appears abnormal
should be referred to a pediatric ophthalmologist for a complete retinal examination.
I hope that the proposed legislation is closely evaluated and given serious consideration. I thank you
in advance for your assistance with this matter.
Sincerely,
~b r --
Brad D. Cns, ~;hD
Three Palms Center. Suite 210
2141 Alternate AlA South
Jupiter. Florida 33477
P 561/747 4100
F 561/747 8822
www.braddsimon5.c:om
..FIU
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" . It ''J
~~~CIt'W. VNJ~
Offi4?*Duin
November 5, 2001
Florida State Legislature
RE: Newbom Eye Screening program Proposa.1
To Whom It May Concern:
The proposed Newbom Eye Screening Program for the State of Florida
addresses a serious heatth concem - preventJng blindness In future generations
of Floridians. As Dean of the College of Health and Urban Affairs at Florida
Intemational University I recommend tn. prOposed legislation. .
Implementation of this leglslatlon wlll save the visjon of hundreds of infants bom
in Florida every year. Mortover, It will do ~ in a cost-effectjve manner.
On.8 chUd In every 677 live births is affected with a treata~e eye disease or
anomaly that will cause blindness unless deteeted early. The cost to the State in
direct and Indirect costs for a blind child over the course 01 a lifetJme is
approximately $2 milllon. The cost of the proposed scr&ening Is that for two
drops of dnating solution and 10 seconds of a nurSe's time. Even when the CC$U
fer education =M oversignt are calculated. the ~nomlc bencfrta to the State are
overHhelming. The ~neflts to children and their families Is,lnealculable.
. .
For these reasons I urge you to consider the proposed legislation for the benefit
of all FloridIans. .
~s;~
Ror..a.ld M. Berkman, Ph.D.
Cean ,.
Col1.p c{ Hc:a!:!l u.d t.imza }J!m
$Cool oI'H~ · $c:b:.ol cOIllni.ac · XhocI or~ Ai: ~t ' ~ o( 5oc!aI 1rI.rIr.
\In.~~ pm ~ !CS ~~. 11200 S. ~ am ~ M"Uli, 11. 33199 .1el: )C5-)4a..5UO '1v: ~~a.",o . ........~eCu
. ....~.......iI._"lv- '.r'___~.,..,",_.~_",,~
Medical Associates, p.e.
430 W. Lawrence Harris Hwy.
Slocomb, AL 36375
Phone: 334-886-9400
FAX: 334-886-3713
l4 B - II
November 15,2002
Dear Legislators,
I am a physician who has relocated my family to Celebration, Florida. I write this letter
to stress to you the importance of eye exams for infants and children. Currently it is not
required, nor is it routine for physicians to dilate infants eyes at birth or to perform eye
exams with an ophthalmoscope. While most doctors check eyes at well child exams,
without dilation ofthe eye it is impossible to see the retina clearly. A simple exam, which
requires 10-15 seconds ofa physician's time, can make the difference between sight and
blindness for a child suffering from a visual aftliction. While hearing screenings are
gaining mandatory acceptance, vision screenings are ignored. I am asking you to support
our cause and make a difference to a child.
My two-year-old was diagnosed in November of2001 with retinoblastoma. Doctors had
to remove his right eye and he underwent chemotherapy. Had my wife and I not had any
medical training, his tumor would have gone undiagnosed, and he would have died. A
simple dilated eye exam by the pediatrician would have perhaps saved his eye or at least
partial vision. As many as 7000 children die every year from retinoblastoma and many
more lose vision to cataracts or other eye related diseases. Vision is our most precious
sense, and I believe all to often we take it for granted.
Please, as a physician, but more emphatically as a father, I ask you to take the time to
consider and act on this cause. You have a chance to make a huge difference in the
quality of life for many children and set precedence for the rest of this great nation- don't
let them down.
Sincerely,
I~f~
Ke~ M. Ho~, MD F.A.A.F.P.
KMH/hh
.48 '.I
Y~.2? ~ Cfg, gst:
J'.9CJJ ~~ ~ ~~ J>/1'-~
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56'1'-4)")"-...!524
Pam Bergsma
619 South K St.
Lake Worth, Florida 33460
561-586-2094
lovejoey@bellsouth.net
Dear Pam Bergsma,
Let it be known to the Florida Legislators that I, Tamara L. Maule, 0.0., P.A. of 8903 Glades
Road, Bay AI-4, Boca Raton, FL 33434 on this day, November 19, 2002, hearby express my
wholehearted support of the Infant Eye Care Bill nicknamed "Joey's Bill" and urge Florida's
Legislators to do whatever possible to see that this bill gets passed in the 2003 session.
Dilated eye health exams in the beginning of life are vital to the health and welfare of the children
of our state. According to FIU, one in every 677 live births has a treatable eye disease that win
blind if not detected and treated. Plus, one in every 12,000 children in the United States is
affected with retinoblastoma, which, as in Joey's case, win kill if not detected and allowed to
escape the eye. Too many of our children are at risk to blindness and in the case of
retinoblastoma, death.
Every child born has the right to healthy vision and life. This legislation will help to ensure that
right.
Sincerely,
Tamara L. Maule, 0.0., P.A.
TLMaule@iuno.com
561-477-3524
8yos
l'1<lCERS
ml J. Rosch, M.D.
esident
lY H. Rosenman, M.b.
ice President .
~lsonH. Hendler, M.D.
:crelaryffreasurer
.chard A, Rader, M.D.
tecutive Director- -
~4B
'J
czfv..YfmtrooOrutitute of Stress
Pam Bergsma October 10, 2001
619 South KStreet
Lake \V orth, FL, 33460
Dear Pam:
Having been somewhat involved in Joey's care with respect to
recommending various consultants and treatment programs I am very
familiar with the trials and tribulations he endured, as well as your
supportive and at time heroic efforts throughout this unfortunate ordeal.
The great tragedy is that all of this could have been prevented by a simple
and inexpensive procedure that takes less than two minutes and can be
performed with equipment that is readily available; You are to be
commended for taking the initiative to insure that legislation be enacted to
_prevent this tragedy from happening to countless others. in -the future, since
this disorder usually does not produce symptoms until it is too late to be
cured.
JARD OF TRUSTEES
)beit Ader, Ph.D.._
:Ebert Benson. M.D.
uy L. Cooper, Ph.D.
ichael E. DeBakey. M.D.
lward C. Donovan
,el Elkes, M.D. I hope the Florida legislators will have the foresight and wisdom to pass the'
::orgeS.Everly, Ir., Ph.D. infant eye-screening bill (SB2063:, Hb 1117, commonly referred to as "Joey's
_chard Friedman. Ph.D. ) th " nf
)bertI. Haggerty, M.D. Bill" during - e 2003 session. Appropriate eye exammations in i aney are
:lson H. Hendler,M.D. extremely important not only to detect retinoblastoma, which is' usually
%~~:nry,M.D. lethal if not diagnosed early, but also other causes of blindness and visual
~jiro Ikemi, M.D. impairment. It is estimated that one in every 677 children, who are
hn Laragh, M.D. apparently healthy at birth, has a diagnosable eye disorder that can cause
rnes 1. Lynch. Ph.D. blindness or permanent visual damage if it is not detected early when it can
lie H. Miller, Ph.D. b d d all d I dd" . Ii d nh . th
~nneth R. Pelletier, Ph.D. e treate an usu y cure . n a ltion to savmg ves an e anClng - e
.chard H. ~ahe. M.D. quality of life, the simple screening procedure mandated by this legislation is
Jssel J. ReIter, Ph.D., D. M~bviously extremely cost effective and could save millions of dollars in just a
lul J. Rosch, M.D. f f FI'd 'd t th t d th fi 1 . d"
IY H. Rosenman. M.D. ew years or on a reSl en s, e s ate, an 0 er sca Interme lanes.
)rman Shealy, M.D., Ph.D.
rnes E. Skinner, Ph.D. As a physician, parent and grandparent, it is very difficult for me to see any
lOOn H. Spencer h thi b'II h ld b d 'bI .
larles Spielberger, Ph.D. reason w y S I S ou not e passe as soon as pOSSI e, since it
arvin Stein, M.D. represents a "Win-Win" situation for all involved.
larles F. Stroebel. M.D" Ph.D.
e Thomas, R.N., Ph.D. S' I
vin Toffler mcere y yours,
:dford B. Williams, Ir., M.D. /J n. _ I '-.It /)
~wartWolf,M.D. rlJ...tA}! I~ '-" .
tUNDINGTRUSTEES Paul J. RQ,.ch, M.D., F.A.C.P,
lrman Cousins President
l1lS Selye. M.D., Ph.D., D.Sc
Clinical Professor of Medicine and Psychiatry
New York Medical College
221 N. Country Gub Drive
Atlantis, FL, 33462
PJR: tIn
Cc: Hon. Jeb Bush
124 PARK AVENUE . YONKERS, NEW YORK 10703 . PHONE 914-963-1200 . FAX 914-965-6267
Jeb Bush
Governor
I~
L4B
...
John O. Agwunobi, M.D;/, M.B.A.
;:>ecretaJj'
FOR IMMEDIATE RELEASE
January 27, 2003
Contact: Bill Parizek
850-245-4111
DEPARTMENT OF HEALTH REMINDS PARENTS TO GET REGULAR EYE SCREENING
FOR NEWBORNS AND INFANTS
-January is Joey Bergsma Retinoblastoma Awareness Month--
TALLAHASSEE-Florida Department of Health (DOH) Secretary John O. Agwunobi, M.D.,
M.B.A., joins with the Florida chapter of the American Academy of Pediatrics and Pam Bergsma
to recognize January as Joey Bergsma Retinoblastoma Awareness Month and remind parents.
and doctors of the importance of newborn and infant eye examinations.
Eye examinations can quickly alert parents to the need for corrective lenses as well as
potentially devastating diseases like retinoblastoma. Retinoblastoma is a cancer that strikes
newborns and young children. If caught early, it is completely curable.
Since three-and-a-half-year-old Joey Bergsma died from retinoblastoma, his grandmother, Pam
Bergsma, has worked tirelessly to raise parents' awareness of this cancer.
"It is important that we raise awareness of this cancer," said Agwunobi, "because, in many
cases, there can be a warning sign: a white dot in a child's eyes when photographed. If this
sign is present and brought to the attention of a physician, it can often lead to the early
diagnosis essential for a cure."
If parents notice a white dot in the center of their children's eyes or in photographs of their
children's eyes, they should immediately call their primary physician for an examination.
The American Academy of Pediatrics and its Florida Chapter advise that babies' eyes should be
examined at birth and as a part of routine well-child exams. For more information about the
academy's recommendations, visit their web site at www.aap.orQ.
###
Note: For further information related to Joey Bergsma, please contact Pam Bergsma at 561-
586-2094, 10veioeY@bellsouth.net or \W/W.lovejoey.com.
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JOEY'S PETITION
1.48
.~
NOTE:
I have tens of thousands of letters just like the one following.. ooindividualletters of
support for the Infant Eye Care Bill, "Joey's Bill".
This one is from a nurse in Boynton Beach that sent a personal note I thought you
would fmd of interest. (copied below)
"",,-
'-----
Letters come in daily from across the state....People from all walks of life, young
and old are signing letters and sending them to me. The majority are from citizens
working in the health care community, social services and education. People that
are caring for and working with the children of the state of Florida!
l48
.1
Pam Bergsma
619 South K St.
Lake Worth, Florida 33460
561-586-2094 lovei oev(ii>.bellsouth.net
Dear Pam Bergsma,
Let it be known to the Florida Legislators that I,
:J f)}/ G -r JYloR t€ () c Cd
(print name and profession)
(\ e d-1$le~eq/
AI o;t'S C
~, c
-5:5 30 f}//lISL e/ G7; g~;/>VT{)# Sellc-~ rL
(print full address) "3:3 Y .3 7
on this day, r- .
(date) I i./7'A- r e.b,~tJo3
support the infant eye care bill, nicknamed "Joey's Bill", and urge the Florida
Legislators to do whatever possible to see that this bill gets passed in the 2003
session. The eye dilation exams in the beginning of life are vital to the health and
welfare of the children of our state. According to FlU, one in every 677 live births
has a treatable eye disease that will blind if not detected and treated. Plus, one in
every 12,000 children in the United States is affected with retinoblastoma which; as
in Joey's case, will kill if not detected and allowed to escape the eye. Too many of
our children are at risk to blindness and in the case of retinoblastoma, death.
Every child born has the right to healthy vision and life. This legislation will help to
ensure that right.
Thank You for Your Attention,
(signature) {J-.. ~_{ /?;' ~-G'G/ R .Ar:
t7
Phone: 5& /-- 73 ~-3 9'30
Email:
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Pam Bergsma
619 South K St.
Lake Worth, Florida 33460
561-586-2094 loveioey(tV,bellsouth.net
(48
t):,
aJ
Dear Pam Bergsma,
Let it be known to the Florida Legislators that I,
(print name and profession)
of
(print full address)
on this day,
(date)
support the Infant Eye Care Bill nicknamed "Joey's Bill", and urge the Florida
Legislators to do whatever possible to see that this bill gets passed in the 2004
session. The eye dilation exams in the beginning of life are vital to the health and
welfare of the children of our state. According to FlU, one in every 677 live births
has a treatable eye disease that will blind if not detected and treated. Plus, one in
every 12,000 children in the United States is affected with retinoblastoma which; as
in Joey's case, will kill if not detected and allowed to escape the eye. Too many of
our children are at risk to blindness and in the case of retinoblastoma, death.
Every child born has the right to healthy vision and life. This legislation will help to
ensure that right.
Thank You for Your Attention,
(signature)
Phone:
Email:
PROCLAMATION
4C
Whereas. the surveyors are c:aunted among the faun ding leaders of our country
and were instrumental in the formation of the layout of property
boundaries in the United States, which have provided our citizens the
enjoyment of property ownership; and,
Whereas, George Washington and Thomas Jefferson, both former Presidents of
the United States, served their fellow colonists as surveyors; and,
Y/hereas, the citizens of Florida recognize the valuable contributions of the
surveying profession to history, development, and quality of life in
Florida and the United States of America, and make important decisions
based on the knowledge and expertise of licensed surveyors and
mappers; and,
Whereas, the surveying profession requires Special education, training, the
knowledge of mathematics, the related phYSical and applied sciences, and
requirements of law for evidence; and,
Whereas, surveyors are uniql.f~I)'iqLl9fifil"'p"c:f>Uc~"sed to determine and describe
land and water bounc:faries f~rt.m~ag.m~nt of natural resources and
protection of privat~ andpublicPr'Ppertyrights; and,
. "-;""""'-"_'--:,-,"';',"
Whereas, the cOnfinu~fadvancementSj";lnstr't:It"e~ta~fqh ...
not only to be able tq unc:ferst~nc:fand . implfm'''"
past~,bl.ltalso to learn,and emploYmo~er" tfch
to meet the challenges of the future~
. "-;;:,;,'
:;::.)\:r::, ("'=i,i:::: ,:<i:--:::' "'":":;': .__ ;_".-:_ ::""._ .:..)j'\it, ,:it; J>."'IJ .....
/t!'CPLUERCOO~:!5U~VEYORS WE..
uired the surveyor
thods of the
finding solutions
",. ,.:. -:.:.;. '.
NOW, THEREFORE be .. it proclaimed. thdt. the BOdrcf ofcbunty ....~t.).
CoUier. Cqunty, Flor,da ~q her~~y prQclaim the we~
through the 22~d, 2C>Q4 as .
:,'x:..... ,
.',.-." -c.....:-......._;.._:.>:.", '. : '," '.
and r~~'t~. m"lli fpntributi~llf'\J'iT"./'.. i:Iedication of
surveyors to thccitizens of Floric:fa ~nc:lthf~"iteFf States.
'<~:. ::~:::;::;::.:.:::::.:: . . ':
,'2004.' .
DONE AND ORDERED THrSJd'!8ay'q
'--',""
i::
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
~ l~~L
DONNA F. "ALA, CHAIRMAN
ArrEST:
PROCLAMA TION
4D
WHEREAS. the legend of Saint Volentine contends thot the third century
Roman priest was martyred for secretly performing marriages in
defiance of an unjust decree of the Emperor Claudius II; and,
WHEREAS, Volentines Doy today is 0 celebrotion of love in 01/ its forms:
and,
WHEREAS, in his State of the Union address on January 20, 2004,
President George W. Bush urged Americans to value the
institution and sanctity of marriage; and,
WHEREAS, Collier County residents Selwyn Mills and Amber-Rose Mills have
recently launched a campaign to promote romantic love and
marriage within our community; and,
WHEREAS, the Collier County Board of Commissions recognizes that the
family is the foundation ofpny community.
. ........ '-,: ;. ",,::. :.:..:
::::,-,...............}".:.- .-:..:.....: .:;,::.'-::'::.'-_.,--
. ......,'" . ....... . . .......,...,..- .,.,-.,.,-' .
NOW THEREFORE, be it Iric/aiined by the8oiifit:tiJf ciJUl)ty Commissioners
of Collier County, Florida that Valenti~ 's Day, February J 4,
2004, is a day for Collier County resideh~rt:qiJ!l.flect on the true
meaning of love, marriage, and. family (IS tif, YiId it in each of
their hearts, and tocelebrat~ the. st~tJgtlr."" 't/Ppiness these
very real intangibles bring totheirlivef ant~~~ommunity.
BOARD OF COUN 'ISSIONERS
COLLIER COUNTY,' FLORIDA
DONE AND ORiJERED THIS loth l>oy (jf february, 2l
_......\'~l~ ..
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ADOPT-A-ROAD
PRESENTATION OF PLAQUES
FOR SPONSORS OF THE YEAR 2003
[5 a-'I
Everyone knows how frustrating it is to perform a good job then be forced to redo
it, "again and again and again." This is a task that many of our Adopt-a-Road
sponsors have faced year after year, picking up litter and trash one month and
finding it there again the next month, dropped by uncaring citizens. All of our
Sponsors of the Year for 2003 have longevity in the Adopt-a-Road program to their
credit...still going strong after several years including up to 10 years. Our thank
you to them is overdue.
THE FOLLOWING ARE RUNNERS UP FOR SPONSOR OF THE YEAR
Stan's Idle Hour Seafood Restaurant, fondly known locally as Stan's, has been an
Adopt-a-Road sponsor of CR 892 in Goodland since 1996. They make sure that
litter is picked up promptly following one of their weekend parties, including the
roadway to its interception with CR92. The award is being accepted by one of the
owners, Stan Gober.
Your Child Care. located on Bayshore Drive, has been an Adopt-a-Road Sponsor
since 1995 picking up litter along Airport-Pulling Road from US 41 to Radio Road.
This is a very visible road and the dedication of this sponsor is evident because of
the lack of litter along this stretch of roadway with never a complaint received from
the public. Jenny Prue DePetro is the owner of Your Child Care and this award is
being accepted by one of her dedicated workers, Lisa Prue, her mother.
South NaDles Communities is a group program administered by Vision & Faith.
Their name was changed from Celebration Gardens but not their dedication to their
commitment to picking up litter along CR 951 from Rattlesnake-Hammock Road to
Grand Lely Drive, since 1998. The award is being accepted on behalf of South
Naples Communities by Margaret Ramos.
The TOP SPONSOR OF THE YEAR AWARD is being presented to GLADES
REAL TY & CAPTAIN BROCK Ten Years of dedicated service. Located in Everglades
City, they have been picking up litter since 1993 on SR 29 from US 41 at
Carnestown south two miles. SR 29 is a highly traveled road for tourists on their
way to Everglades City and Chokoloskee events and the litter accumulates very
fast.. They consistently send in their litter reports to keep us aware of their
activities.
This year we have a SPECIAL A WARD to present to a program that is of inestimable
assistance to the Adopt-a-Road program and also to the Collier County residents and
our guests from the north. I am referring to COLLIER COUNTY SHERIFF'S
DEPARTMENT WORKING WEEKENDER PROGRAM. You have seen the results of
this program every weekend and we owe the Collier County Sheriff's Department our
gratitude for administering this program. This award is being accepted by Lt Ayers in
charge of the program.
;; EXHIBIT
,;;=:;8
. .;J./IO/o4- ./
&C
"
fo: Clerk to the Board: Please place the following as a:
COLLIER COUNTY FLORIDA
REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS
XXX Normal Legal Advertisement
(Display Adv., location, etc.)
Other:
7A
Originating Dept/ Div: Comm.Dev.Serv.lPlanningPerson: Michele Mosca, AICP
*********************************************************************************************************
Petition No. (If none, give brief description):CU-2003_AR-4583, Kaye Homes
Date: (}.... -1<:7 -0 ~
Petitioner: (Name & Address):Kaye Homes, Stuart Kaye, 5979 Pine Ridge Road Ext., Naples, Fl34119-3955
Name & Address of any person(s) 10 be notified by Clerk's Office, (If more space is needed. attach separate Sheel)Kaye Homes. loc"
5979 Pine Ridge Road, Naples, Fl. 34119
Hearing before BCC
BZA
Other
Newspaper(s) to be used: (Complete only if important):
Requested Hearing date: Janurav 27.2004 Based on advertisement appearing 15 days before hearing.
xxx Naples Daily News
Other
Legally Required
Proposed Tex" (Include legal descriplion & commoo location & Size, CU-2003-AR-4583, Sluan Kaye, of Kaye Homes. requesting
Condilional Use #9 of Ihe "E" zoning district, 10 allow lhe continuation of a Model Home Sales Cenler per we 2,6.33.4,1. for 2.85
acres localed at 910 39. Slreet S.W., further described as North 180 feel of Tract 151. Unil 27. Golden Gale Estales. in Seclion 14,
Township 49 South, Range 26 East, Collier County, Florida.
Companion petition(s), if any & proposed hearing date:
Does Petition Fee include advertising cost? Yes
113-138312-649110
No If Yes, what account should be charged for advertising co,sts:
Reviewed by:
~~
,...Department Head
Jq//()Io~
Date
Approved by:
County Manager
Date
List Attachments:
A. For hearings befo... BCC or BZA: Initiating person to complete one copy and ohtaln Division Head approval befo...
suhmitti.g to c....ty Ma.ager. Note: H legal doc.....t is i.volvcd, be s.... that any _ry legal review, or req.est for
same, is submitted to Co..ty Attorney before submitting to Cou.ty Manager. The Manager's off'... will distrib.te copies,
DISTRIBUTION INSTRUCTIONS
County Manager agenda file: to Requesting Division
Original Clerk's Office
B. Other hearings: Initiating Division head to approve and submit original to Clerk's Office, retaining a copy for file.
************************************************************~*****************************************
FOR CLERK'S OFFICE USE ONLY: ~ ..... Hob)
Dale Received, ~ Date of Public beariug' I ~ate Advertised, -l/II/Qtj
'-2/10/01..{ 1/25/04
-7 A
RESOLUTION 04 _
A RESOLUTION PROVIDTING FOR THE
ESTABLISHMENT OF CONDITIONAL USE "9" TIN THE
"E" ZONING DISTRICT FOR A MODEL HOME SALES
CENTER PURSUANT TO SECTION 2.6.33.4. OF THE
COLLIER COUNTY LAND DEVELOPMENT CODE
. FOR PROPERTY LOCATED TIN SECTION 14
,
TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER
COUNTY, FLORIDA.
WHEREAS, the Legislature of the State of Florida in Chapter 67-1246, Laws of
Florida, and Chapter 125, Florida Statutes, has conferred 00 Collier Connty the power to
establish, coordinate and enforce zoning and such business regulations as are oecessary for
the protection of the public; and
WHEREAS, the County pursuant thereto haS adopted a Land Development Code
(Ordinance No. 91-102) which inclodes a Comprehensive Zoning Ordinance establishing
regulations for the zoning of particular geographic divisions of the County, among which is
the granting of Conditional Uses; and
WHEREAS, the Collier County Planning Commission, being the duly appointed
and constituted planning board for the area hereby affected, has held a public hearing after
notice as in said regulations made and provided, and has considered the advisability of
-
Conditional Use "9" under Section 2.2.3.3. and Section 2.6.33.4. in the Estates Zoning
District for a Model Home Sales Center on the property hereinafter described, and has
founa as a matter of fact (Exhibit "A") that satisfactory provision and arrangement have
been made concerning all applicable matters required by said regulations and in
accordance with Subsection 2.7.4.4.; and
WHEREAS, all interested parties have been given opportunity to be heard by this
Board in a public meeting assembled and the Board having considered all matters
presented.
NOW, THEREFORE, BE IT RESOLVED BY The Board Of Zoning Appeals Of
Collier County, Florida that:
The petition, identified as CU-2003-AR-4583, filed by Stuart Kaye of Kaye
Homes, Inc. with respect to the property hereinafter described as:
Exhibit "B"
1 of2
-
which is attached hereto and incorporated .by reference. herein be and the same is hereby
approved for Conditional Use "9" of Section 2.2.3.3. and Section 2.6.33.4. of the Estates
Zoning Districtfor a Model Home Sales Center in accordance with the Conceptu3J Master
Plan (Exhibit "C") and subject to the following conditions:
-7 A
Exhibit "0" which is attached hereto and incorporated by reference herein.
BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of
this Board.
Done this
This Resolution adopted after motion, second and super-majority vote.
day of
,2004.
BOARD OF ZONING APPEALS
COLLIER COUNTY, FLORIDA
BY:
TOM HENNING, CHAIRMAN
ATTEST:
DWIGHT E. BROCK, CLERK
Approved as to Fonn and
Le ISu c~
Patrick. ite
Assistant County Attorney
Attachments: A. Findings of Fact
B. Legal Description
C. Conceptual Master Plan
D. Conditions
GI AdminIPetitionslCU-2003_AR-4583IMM/sp
-20f2
7~
FINDING OF FACT
BY
,COLLIER COUNTY PL~G COMMISSION
FOR ,
A CONDITIONAL USE PETITION
FOR
CU-2003-AR4583
The following facts are found:
- ,
1. Section 2.6.33.4.ofthe Land Development Code authorized the conditional use.
2. Granting the conditional use will not adversely affect the public interest and will not
adversely affect other property or uses in the same district or neighborhood because of:
A. Consistency with the Land Development Code and Growth Management Plan:
Yes No
B. Ingress and egress to property and proposed structures thereon with particular
reference to automotive and pedestrian safety and convenience, traffic flow and control, and
access in case of fire or catastrophe:
Adequate ingress & egress
Yes No
C. Affects neighboring properties in relation to noise, glare, economic or odor
effects:
No affect or _ Affect mitigated by
_ Affect cannot be mitigated
D. Compatibility with adjacent properties and other property in the district:
Compatible use within district
Yes No
Based on the above findings, this conditional use should, with stipulations, (copy attached)
(should not) be recommended for approval
DATE:
CHAIRMAN:
Russell A. Budd
EXHIBIT A
LEGAL DESCRIPTION
North 180 feet of tract 151 golden Gate Estates Unit 27, a~ recorded in ,Plat Book 7,
Page 17 & 18, of the Public Records of Collier County, Florida.
/
I
!
EXHIBIT B
7~
CONCEPTUAL MASTER PLAN
CU-2003-AR-4S8j
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EXHIBIT C
'A
.."'Iit
CONDITIONS OF APPROVAL
CU-2003-AR-4583
1. A sidewalk shall be provided along White Boulevard (collector road) and shall be six
feet in width.
2. A sidewalk shall be provided along 39th Street S. W. (local road) and shall be five feet in
width.
3. Sidewalks shall be constructed offour-inch thick Portland cement concrete. All
sidewalks shall be installed over a four-inch thick, compacted limerock base.
4. A Right-of-way permit for sidewalk installation must be obtained and sidewalks must be ,
completed within six (6) months from Conditional Use approval.
5. The Conditional Use for the model home and sales center shall expire five (5) years from
the date of Conditional Use approval.
6. Hours of operation for the model home and sales center shall be limited to 10:00 a.m.
until 6:00 p.m. Sunday through Saturday.
7. A model home or model sales center is not intended to allow the full scope of real estate
activities and must be restricted to the sale and marketing of the model, or products
similar to the model. A model home and sales center may not be used for offices for
builders, contractors, developers, or similar activities.
8. Use of model home and sales center for either temporary or permanent living quarters is
prohibited until the conversion to a single-family residential dwelling.
9. Prior to occupancy as living quarters, the parking lot must be removed and the ground
must be sodded or landscaped.
10. At such time when the property is no longer utilized as a model home and sales center
the property must be converted, at the owner's expense, from private well and private
wastewater to County potable water and wastewater service.
EXHIBIT D
7A
December 18, 2003
Attn: Georgia
Naples Daily News
1075 Central Avenue
Naples, Florida 34102
Re: CU-2003-AR-4583, Kaye Homes
Dear Georgia:
Please advertise the above referenced notice on Sunday, January
11, 2004 and kindly send the Affidavit of Publication, in
duplicate, together with charges involved, to this office.
Thank you.
Sincerely,
~~~,k
Trish Morgan
Deputy Clerk
P.O./Account # 113-138312-649110
NOTICE OF PUBLIC HEARING
7A
Notice is hereby given that the Board of County Commissioners of
Collier County will hold a public hearing on Tuesday, January 27,
2004, in the Boardroom, 3rd Floor, Administration Building, Collier
County Government Center, 3301 East Tamiami Trail, Naples,
Florida. The meeting will begin at 9:00 A.M.
The Board will consider Petition CU-2003-AR-4583, Stuart Kaye, of
Kaye Homes, requesting Conditional Use #9 of the "EH zoning
district, to allow the continuation of a Model Home Sales Center
per LDC 2.6.33.4.1 for 2.85 acres located at 910 39th Street S.W.,
further described as North 180 feet of Tract 151, Unit 27, Golden
Gate Estates, in Section 14, Township 49 South, Range 26 East,
Collier County, Florida.
NOTE: All Persons wishing to speak on any agenda item must
register with the County Administrator prior to presentation of
the agenda item to be addressed. Individual speakers will be
limited to 5 minutes on any item. The selection of an individual
to speak on behalf of an organization or group is encouraged. If
recognized by the Chair, a spokesperson for a group or
organization may be allotted 10 minutes to speak on an item.
Persons wishing to have written or graphic materials included in
the Board agenda packets must submit said material a minimum of 3
weeks prior to the respective public hearing. In any case,
written materials intended to be considered by the Board shall be
submitted to the appropriate County staff a minimum of seven days
prior to the public hearing. All material used in presentations
before the Board will become a permanent part of the record.
Any person who decides to appeal a decision of the Board will need
a record of the proceedings pertaining thereto and therefore, may
need to ensure that a verbatim record of the proceedings is made,
which record includes the testimony and evidence upon which the
appeal is based.
BOARD OF COUNTY COMMISISONERS
COLLIER COUNTY, FLORIDA
TOM HENNING, CHAIRMAN
DWIGHT E. BROCK, CLERK
By: Is/patricia L. Morgan, Deputy Clerk
(SEAL)
Dwight E. Brock
Clerk of Courts
~oup.ty-ofe-ollier
CLERK OF THE CIRCUIT COURT
COLLffiRCOUNTYCOVRTHOUSE
3301 TAMIAMI TRAIL EAST
P.O. BOX 413044
NAPLES, FLORIDA 34101-3044
'--, [1....
J~_4
Clerk of Courts
Accountant
Auditor
Custodian of County Funds
December 18, 2003
Stuart Kaye
Kaye Homes
5979 Pine Ridge Road
Naples, FL 34119
Re: Notice of Public Hearing to consider Petition
CU-2003-AR-4583
Dear Petitioner:
Please be advised that the above referenced petition will be
considered by the Board of County Commissioners on Tuesday,
January 27, 2004, as indicated on the enclosed notice. The
legal notice pertaining to this petition will be published
in the Naples Daily News on Sunday, January 11, 2004.
You are invited to attend this public hearing.
Sincerely,
DWIGHT E. BROCK, CLERK
~ X.~~,k
?atricia L. Morgan, Deputy Clerk
'R'1closure
Phone- (239) 732-2646
Website- www.clerk.collier.f1.us
Fax- (239) 775-2755
Email-collierclerk@clerk.collier.fl.us
Patricia L. Morgan
To:
Subject:
7A
Georgia (E-mail)
Advertising - CU-2003-AR-4583
pfease run t/ie attac/iecf acf on Suncfay, January 11, 2004.
Tlian{you,
Tris/i
'Jr1inutes e:l1?#corcfs
fi[J fi[J
CU-2003-AR-4583. CU-2003-AR-4583.
doc doc
Patricia L. Morgan
.-, A "~.
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From:
Sent:
To:
Subject:
postmaster@c1erk.collier,fl.us
Thursday, December 18, 2003 11:49 AM
Patricia L. Morgan
Delivery Status Notification (Relay)
r...../~l'.
L..J
ATT68469.txt
Advertising -
CU-2003-AR-4583 tTl:' , , rr.. f r..' S OAr. ifi' ,
'wLS LS an automatlcauy generateu (])eavery tatus Jvotl cattOn,
'Your message lias 6een successfu[{y refayed'to tlie fo[fowing recipients, 6ut tlie requested'd'eCivery status notifications may not
6e generated' 6y tlie d'estination.
Cegafs@napCesnews. com
Patricia L. Morgan
7A
From:
Sent:
To:
Subject:
System Administrator [postmaster@naplesnews.comJ
Thursday, December 18, 2003 11 :38 AM
Patricia L. Morgan
Delivered: Advertising - CU-2003-AR-4583
B
Advertising -
CU-2003-AR-4583
<<jIc!vertising - CV-2003-)IJR,::4583>> 'Your message
%: (}eorgia (~-maif)
Su6ject: jlc!vertising - CV-2003-}l1(-4583
Sent: Tliu, 18 (j)ec 2003 11:49:21 -0500
was c!eEiverec! to tlie foffowing recipient(s):
fegaCs on Tliu, 18 (j)ec 200311:38:27 -0500
Advertising - CU-2003-AR-4583
Patricia L. Morgan
Page 1 of 1
lA
. .
.,
, .
From: legals [Iegals@naplesnews.com]
Sent: Thursday, December 18, 2003 1 :27 PM
To: Patricia L. Morgan
Subject: RE: Advertising - CU-2003-AR-4583
rcvd
to run jan. 11
happy holidays
georgia
-----Original Message-----
From: Patricia L. Morgan [mailto:Patricia.Morgan@c1erk.collierJI.us]
Sent: Thursday, December 18, 2003 11 :49 AM
To: Georgia (E-mail)
Subject: Advertising - CU-2003-AR-4583
pfease run tfie attacfied ad on Sunday, January 11, 2004.
Tfiank".you,
Trisfi
Chfinutes c:l CR,fcords
<<CU-2003-AR-4583. doc>> <<CU-2003-AR-4583. doc>>
12/18/2003
Patricia L. Morgan
7A
'"
From:
Sent:
To:
Cc:
Mosca Michele [MicheleMosca2@colliergov.net]
Tuesday, December 23, 2003 10:38 AM
Brock, Mary; Minutes and Records
Bedtelyon, Linda; Bellows, Ray; Filson, Sue; Hilcken Patricia; Johnson, Connie; Martin,
Cecilia; Murray, Susan; Oldham, Laurie; Phillips, Sharon; White, Patrick
CU-2003-AR-4583 (Kaye Homes)
Subject:
CJJear ::Mary-Jo,
'Itte CCPC on CJJecem6er 18, 2003, continuea petition CV-2003-Jl<R;;4583 to January 15, 2004. )'ls a resu{t, the scheauCeaCECC
hearing aate of January 27, 2004, wife 6e changea to Pe6ruary 10, 2004.
PCease aavertise the petition for the pe6ruary 10, 2004 CECC hearing aate rather t/ian the January 27, 2004 hearing aate.
'Ittanl0ou.
::MicheCe CJ?, ::Mosca, )'lIcp' Principa{PCanner
CJJepartment of Zoning ana Lana CJJeveCopment 'R.fview
7A
December 23, 2003
Attn: Georgia
Naples Daily News
1075 Central Avenue
Naples, Florida 34102
Re: CU-2003-AR-4583, Kaye Homes
REVISED
Dear Georgia:
Please advertise the above referenced notice on Sunday, January
25, 2004 and kindly send the Affidavit of Publication, in
dUPlicate, together with charges involved, to this office.
Thank you.
Sincerely,
~
Trish Morgan
Deputy Clerk
P.O./Account # 113-138312-649110
'__',. '''e,._" _. "__~__'__"'_'.'~ <...,...,__.....".,_
-"1 J\
, .r~
~>,J;;.
, ;'\
NOTICE OF PUBLIC HEARING
Notice is hereby given that the Board of County Commissioners of
Collier County will hold a public hearing on Tuesday, February 10,
2004, in the Boardroom, 3rd Floor, Administration Building, Collier
~ty Government Center, 3301 East Tamiami Trail, Naples,
Florida. The meeting will begin at 9:00 A.M.
The Board will consider Petition CU-2003-AR-4583, Stuart Kaye, of
Kaye Homes, requesting Conditional Use #9 of the "E" zoning
district, to allow the continuation of a Model Home Sales Center
per LDC 2.6.33.4.1 for 2.85 acres located at 910 39th Street S.W.,
further described as North 180 feet of Tract 151, Unit 27, Golden
Gate Estates, in Section 14, Township 49 South, Range 26 East,
Collier County, Florida.
NOTE: All Persons wishing to speak on any agenda item must
register with the County Administrator prior to presentation of
the agenda item to be addressed. Individual speakers will be
limited to 5 minutes on any item. The selection of an individual
to speak on behalf of an organization or group is encouraged. If
recognized by the Chair, a spokesperson for a group or
organization may be allotted 10 minutes to speak on an item.
Persons wishing to have written or graphic materials included in
the Board agenda packets must submit said material a minimum of 3
weeks prior to the respective public hearing. In any case,
written materials intended to be considered by the Board shall be
sUbmitted to the appropriate County staff a minimum of seven days
prior to the public hearing. All material used in presentations
before the Board will become a permanent part of the record.
Any person who decides to appeal a decision of the Board will need
a record of the proceedings pertaining thereto and therefore, may
need to ensure that a verbatim record of the proceedings is made,
which record includes the testimony and evidence upon which the
appeal is based.
BOARD OF COUNTY COMMISISONERS
COLLIER COUNTY, FLORIDA
TOM HENNING, CHAIRMAN
DWIGHT E. BROCK, CLERK
By: IS/Patricia L. Morgan, Deputy Clerk
(SEAL)
REVISED
r ,
'~oUP~~_~o~ier
CLERK OF THE CIRCUIT COURT
COLLIER COUNTY qOURTIloUSE
3301 TAMIAMITRAILEAtT
P.O. BOX 4$044 \
NAPLES, FLORIDA 34101-3044
'v il
, I
..,j:.. I
1~- /
C:7,c f
Dwight E. Brock
Clerk of Courts
Clerk of Courts
Accountant
Auditor
Custodian of County Funds
'.1_-j
December 23, 2003
Stuart Kaye
Kaye Homes
5979 Pine Ridge Road
Naples, FL 34119
Re: Notice of Public Hearing to consider Petition
CU-2003-AR-4583
Dear Petitioner:
Please be advised that the above referenced petition will be
considered by the Board of County Commissioners on TUesday,
February 10, 2004, as indicated on the enclosed notice. The
legal notice pertaining to this petition will be published
in the Naples Daily News on Sunday, January 25, 2004.
You are invited to attend this public hearing.
Sincerely,
DWIGHT E. BROCK, CLERK
~~.~,k
Patricia L. Morgan, Deputy Clerk
Enclosure
Phone- (239) 732-2646
Website-lDVW.c1erk.collier.f1.us
Fax- (239) 775-2755
Email-collierclerk@c1erk.collier.f1.us
Patricia L. Morgan
7A
To:
Subject:
Georgia (E-mail)
Advertising - REVISED "CU-2003-AR-4583"
Jli' (Jeorgia,
Please {i[{ tfie previousry sent ad tfiat was to rnn on Sunaay, January 11 tfi. 'lliey fiave cfiangetf tfie (jJCC
aate tfiat it was to appear at. Please rnn tfie attacfiea aa on Surufay, January 25, 2004. Sony for any
inconvenience. (j>fease confinn tfie cfiange of run date.
Tfian~you,
Ttisfi
~inutes el CJ?gcorcfs
~ ~
CU-2003-AR-4583( CU-2003-AR-4583(
I).doc I).doc
--.--.----........
Patricia L. Morgan
7~
From:
Sent:
To:
Subject:
postmaster@clerk.collier.fl.us
Tuesday, December 23, 2003 11 :50 AM
Patricia L. Morgan
Delivery Status Notification (Relay)
f~
,.'C;:::-' "A.'
L::J
ATT246304.txt
Advertising -
tEVISED "CU-2003..
'1liis is an automatica{Ey genera tea ([)efivery Status !Notification.
ry'our message lias Geen successfully refayea to tlie fo{rowing recipients, Gut tlie requestea aefivery status notifi'cations may not
Ge generatea 6y tlie cfestination.
fegafs@napfesnews. com
Patricia L. Morgan
7~
From:
Sent:
To:
Subject:
System Administrator [postmaster@naplesnews.com]
Tuesday, December 23, 2003 11 :39 AM
Patricia L. Morgan
Delivered: Advertising - REVISED "CU-2003-AR-4583"
B
Advertising -
tEVISED "CU-2003..
<<.llcfvertising - (j(CEVISP/D 'CV-2003-)l(j(-4583 ">> 'Your message
To: qeorgia (CE-mail)
Su6ject: )lcfvertising -(j(CEVISCEq) 'CV-2003-)l(j(-4583"
Sent: crue, 23 q)ec 2003 11:49:02 -0500
was cfefiverecf to tfie foffowing recipient(s):
Cegafs on crue, 23 q)ec 200311:38:36 -0500
Advertising - REVISED "CU-2003-AR-4583"
Page 1 of 1
Patricia L. Morgan
7A
From: legals [Iegals@naplesnews.comJ
Sent: Tuesday, December 23, 2003 11 :53 AM
To: Patricia L. Morgan
Subject: RE: Advertising - REVISED "CU-2003-AR-4583"
rcvd REVISED to run jan 25
have killed same one for jan. 11
HAPPY HOLIDAYS
georgia
-----Origina I Message-----
From: Patricia L. Morgan [mailto:Patricia.Morgan@c1erk.collierJl.us]
Sent: Tuesday, December 23,2003 11:49 AM
To: Georgia (E-mail)
Subject: Advertising - REVISED "CU-2003-AR-4583"
Hi" georgia,
pfease kf.{{ the previousfy sent ad that was to run on Sunday, January 11th. rrliey have changed the
<BCC date that it was to appear at. pfease run the attached ad on Sunday, January 25, 2004.
Sorry for any inconvenience. pfease confirm the Change of run date.
rrlianftyou,
Trish
:Minutes ~ ~corcfs
<<GU-2003-AR-4583(1). doc>> <<GU-2003-AR-4583(1). doc>>
12/23/2003
^._-~._''''._".._,~._-~._.~---~._--_.-
Naples 'Daily News
Naples, FL 34102
Affidavit of Publication
Naples Daily News
--------------------------------------------------+--------------------
BOARD OF COUNTY COMMISSIONERS
CHERI LEFARA
PO BOX 413016
NAPLES FL 34101-3016
REFERENCE: 001230
58776767
113138312649
CU-2003-AR-4583NOTIC
State of Florida
County of Collier
Before the undersigned authority, personally
appeared B. Lamb, who on oath says that she serves
as Assistant Corporate Secretary of the Naples
Daily News, a daily newspaper published at Naples,
in Collier County, Florida: that the attached
copy of advertis~ng was published in said
newspaper on dates listed.
Affiant further says that the said Naples Daily
News is a newspaper ~ublished at Naples, in said
Collier County, Flor~da, and that the said
newspaper has heretofore been continuously
published in said Collier County, Florida, each
day and has been entered as second class mail
matter at the post office in Naples, in said
Collier County, Florida, for a period of 1 year
next preceding the first publication of the
attached copy of advertisement; and affiant
further says that she has neither paid nor
promised any person, firm or corporation any
discount, rebate, commission or refund for the
purpose of securing this advertisement for
publiction in the said newspaper.
PUBLISHED ON: 01/25
AD SPACE:
FILED ON:
109.000 INCH
01/26/04
----------------------------)---~--------------+------------------------
Signature of Affiant ~ '.'-
Sworn to and Subscribed before me this ~day of ~~
~/ /1
Personally known by me -rt.5'~ fu<--<lk'7
2 cP'-I
.':p9.Y:'fl{!f~~ Harriett Bushong
::{ . ~">~ MY COMMISSION,1 DD234689 EXPIRES
:,,~;~~;,,~- July 24. 2007
-..";',.r;y ~.~~..,~ 50r-.'DED iHIW iROY FAIN INSUR.ANCE, INC
7A
CUo2OQJ>AR-4683
MOTICE OF
PUIUC HEARING
Notice Is hereby given
that the Io..-dof County
Commissioners of Col.
ller COunty will hold a
Ubllc healing on Tues.
Gay February 10, 2003 ~
In tne 'oardroom, r
Floor. Administration
Building. Collier County
Government centelrl,
3301 East Tamlaml Tra ,
Naftles Florida. The
m.atlno will begin at
9:00 A.M.
The 'Iloard will consider
Petition CU.2003.AR.
4583. Stuart, Kaye, of
Kaye Homes. requesting
conditional Use #9 of
the ~E. zoning district,
to allow thetontlnua.
tlon of a Model Home
Sales Center .ur LOC
2.6.33,4.d1 fOrt i 1 0 ~~f~
locatiea "
Street S.W" further de"
scribed" as North 180
feet of Tract 151 Vnlt 27,
GoId,tn Gate Estates. In
Sectltil1 14. Township 49
South, Range 26 East,
Collier County, Florida.
NOTE: All Persilns wish-
Ing to speak on any
nda Item must regls,
rc with the County Ad.
mlnlstrator prior to prde.
sentatlon of the agen a
Item to be addressed.
Individual speakers will
be limited to 5 minutes
on any' Item. The selec.
tlon of an Individual to
speak on beHalf of aln
organization or group s!
encouraged. If recog-,
nlzed by the Chair, a
spokesperson for a
gr.oup or organization
be allotted 10 mln-
:rr.rs to 'speak on an
Item.
Persons wishing tOI
have written or graphic
materials Included Ikn
the Iloard agenda pac .
ets must 'submit said
material a minimum of 3
weeks prior to the re-
spective publiC hearing.
In any. ease, written ma-
terials Intended to bde
considered by the Boar ,
shall be submitted to,
the appropriate County
staff Il mtnlmum of's,v-
n dal's prior to the
e bllc hearing. All ma'
rerlal used In presentad"
tlQns before the Boar
will become a er~a-
Any person who decid-
es', 'a de.cl$lon
~.RMIJ.a
'or e proceed-
Ings Ing thereto
anil may need
to ensure that a verba.
tlm record of the pro.
ceedina$ II made wl1lch
rec:orcnnclude.s the tes-
timony and evldeoce
u.P.on, Wh.ICh the appeal
Is based.
BOARD OF COUNTY
COMMlSISONERS
COLLIER COUNTY,
F.LORIDA
TOM HtNNING, CHAIR-
MAN
DWIGHT E.' BROCK,
CLERK
By: Is/Patricia L. Mor.
gan. Deputy Clerk
(SEAL>
Jan. 25 No. 4307.58
Date: February 19, 2004
To: Michele Mosca
Dept. Of Zoning and Land Development Review
From: Linda A. Houtzer, Deputy Clerk
Minutes & Records Department
Re: Resolution 2004-48
Enclosed please find one copy of the above referenced
document, Agenda Item #7 A, approved by the Board of County
Commissioners on Tuesday, February 10, 2004.
If you should have any questions, please contact me at 774-8411.
Thank you.
Enclosu res
7A
., I'
~ "I J\
RESOLUTION 04 - 48
A RESOLUTION PROVIDING FOR THE
ESTABLISHMENT OF CONDITIONAL USE "9" IN THE
"E" ZONING DISTRICT FOR A MODEL HOME SALES
CENTER PURSUANT TO SECTION 2.6.33.4. OF THE
COLLIER COUNTY LAND DEVELOPMENT CODE
FOR PROPERTY LOCATED IN SECTION 14,
TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER
COUNTY, FLORIDA.
WHEREAS, the Legislature of the State of Florida in Chapter 67-1246, Laws of
Florida, and Chapter 125, Florida Statutes, has conferred on Collier County the power to
establish, coordinate and enforce zoning and such business regulations as are necessary for
the protection of the public; and
WHEREAS, the County pursuant thereto has adopted a Land Development Code
(Ordinance No. 91-102) which includes a Comprehensive Zoning Ordinance establishing
regulations for the zoning of particular geographic divisions of the County, among which is
the granting of Conditional Uses; and
WHEREAS, the Collier County Planning Commission, being the duly appointed
and constituted planning board for the area hereby affected, has held a public hearing after
notice as in said regulations made and provided, and has considered the advisability of
Conditional Use "9" under Section 2.2.3.3. and Section 2.6.33.4. in the Estates Zoning
District for a Model Home Sales Center on the property hereinafter described, and has
found as a matter of fact (Exhibit "A") that satisfactory provision and arrangement have
been made concerning all applicable matters required by said regulations and in
accordance with Subsection 2.7.4.4.; and
WHEREAS, all interested parties have been given opportunity to be heard by this
Board III a public meeting assembled and the Board having considered all matters
presented.
NOW, THEREFORE, BE IT RESOLVED BY The Board Of Zoning Appeals Of
Collier County, Florida that:
The petition, identified as CU-2003-AR-4583, filed by Stuart Kaye of Kaye
Homes, Inc. with respect to the property hereinafter described as:
Exhibit "B"
1 of2
~ 7 ~
which is attached hereto and incorporated by reference herein be and the same is hereby
approved for Conditional Use "9" of Section 2.2.3.3. and Section 2.6.33.4. of the Estates
Zoning District for a Model Home Sales Center in accordance with the Conceptual Master
Plan (Exhibit "C") and subject to the following conditions:
Exhibit "D" which is attached hereto and incorporated by reference herein.
BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of
this Board.
This Resolution adopted after motion, second and super-majority vote.
Done this
day of
,2004.
BOARD OF ZONING APPEALS
COLLlE~mY, FLORIDA _
BY: ~"J~
DONNA FIALA, CHAIRMAN
Patrick G. White
Assistant County Attorney
Attachments: A. Findings of Fact
B. Legal Description
C. Conceptual Master Plan
D. Conditions
GI AdminlPetitions/CU-2003-AR -45 83/MM/sp
Item #
rJ/t
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~djV /--1m dij&
Deputy Clerk
'7 p,
FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
FOR
CD -2003-AR-4583
The following facts are found:
1. Section 2.6.33.4.of the Land Development Code authorized the conditional use.
2. Granting the conditional use will not adversely affect the public interest and will not
adversely affect other property or uses in the same district or neighborhood because of:
A. Consistency with the Land Development Code and Growth Management Plan:
Yes
/
No
B. Ingress and egress to property and proposed structures thereon with particular
reference to automotive and pedestrian safety and convenience, traffic flow and control, and
access in case of fire or catastrophe:
Adequate ingress & egress
Yes~ No
C. Mfects neighboring properties in relation to noise, glare, economic or odor
effects:
~ No affect or _ Affect mitigated by
_ Affect cannot be mitigated
D. Compatibility with adjacent properties and other property in the district:
Compatible use within district ~
/ ..1.r1J,....;:>
Yes No , ,~"~-
- - ~e.tl'~'d'~
" c...~
Based on the above findings, this conditional u ould, with stipulations, (copy attached)
(should not) be recommended for approval-.1. ~r o.,,~'O.J~'"
~I!M
DATE:
r /J5' !of
/ (
CHAIRMAN:
Russell A. Budd
EXHIBIT A
LEGAL DESCRIPTION
North 180 feet of tract 151 golden Gate Estates Unit 27, as recorded in Plat Book 7,
Page 17 & 18, of the Public Records of Collier County, Florida.
EXHIBIT B
" ~~..
ft.-
..
CONCEPTUAL MASTER PLAN
CU-2003-AR-4583
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EXHIBIT C
7A
t .' ~ ~
CONDITIONS OF APPROVAL
CU -2003-AR-4583
1. A sidewalk shall be provided along White Boulevard (collector road) along the northern
perimeter of the property and shall be six feet in width and on 39th Street S.W. (local
road) on the western perimeter of the property and shall be five feet in width. Sidewalks
shall be constructed of four-inch thick Portland cement concrete and installed over a
four-inch thick, compacted limerock base. A Right-Of-Way permit for sidewalk
installation must be obtained and sidewalks must be completed within six (6) for months
from Conditional Use approval.
2. The Conditional Use for the model home and sales center shall expire two (2) years from
the date of Conditional Use approval.
3. Hours of operation for the model home and sales center shall be limited to 10:00 a.m.
until 6:00 p.m. Sunday through Saturday.
4. A model home or model sales center is not intended to allow the full scope of real estate
activities and must be restricted to the sale and marketing of the model, or products
similar to the model. A model home and sales center may not be used for offices for
builders, contractors, developers, or similar activities.
5. Use of model home and sales center for either temporary or permanent living quarters is
prohibited until the conversion to a single-family residential dwelling.
6. Prior to occupancy as living quarters, the parking lot must be removed and the ground
must be sodded or landscaped.
EXHIBIT D
COLLIER COUNTY FLORIDA
REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS
To: Clerk to the Board: Please place the following as a:
18
xxx Normal Legal Advertisement
(Display Adv., location, etc.)
Other:
**********************************************************~** ***********************************
Originating Dept/ Div: Comm.Dev.Serv./PlanningPerson: Don Scbnei Date: 0 '/14-/04-
Petition No. (If none, give brief description): CU-2003-AR-4995, Christ mmunity Lutheran School
Petitioner: (Name & Address): Hole Montes, Inc., Robert Duane, 950 Encore Way, Naples, Fl. 34110
Name & Address of any person(s) to be notified by Clerk's Office: (If more space is needed, attach separate sheet) Christ
Community Lutheran School, 777 Mooring Line Drive, Naples, Fl. 34102
Hearing before BCC
BZA
Other
Requested Hearing date: Februarv 10.2004 Based on advertisement appearing 15 days before hearing.
Newspaper(s) to be used: (Complete only if important):
xxx Naples Daily News
Other
Legally Required
Proposed Text: (Include legal description & common location & Size: CU-2003-AR-4995, Robert Duane, of Hole Montes, Inc.
representing Christ Community Lutheran School, requesting Conditional Use 10 of the "A" zoning district for a private school per
Section 2.2.2.3. The property is located at 14785 Collier Boulevard. The property is in Section 34, Township 48 South, Range
26 East, Collier County, Florida, consisting of 9.38:1: acres.
. Companion petition(s), if any & proposed hearing date:
Does Petition Fee include advertising cost? Yes
113-138312-649110
No If Yes, what account should be charged for advertising costs:
Reviewed by:
~H~
List Attachments:
~
Approved by:
County Manager
Date
DISTRIBUTION INSTRUCTIONS
A. For hearings before BCC or BZA: Initiating person to complete one copy and obtain Division Head approval before
submitting to County Manager. Note: If legal document is involved, be sure that any necessary legal review, or request
for same, is submitted to County Attorney before submitting to County Manager. The Manager's office will distribute
copies:
County Manager agenda file: to Requesting Division
Original Clerk's Office
B. Other hearings: Initiating Division head to approve and submit original to Clerk's Office, retaining a copy for file.
***************************************************************************************************
FOR CLERK'S OFFICE USE ONLY:
Date Received: ';{) -:h
Date of Public hearing: 710-0'1
Date Advertised: \ ,,2 S - 0'1
RESOLUTION 04-
78
".... .,
A RESOLUTION PROVIDING FOR THE ESTABLISHMENT OF A
PRIV ATE USE CONDITIONAL USE lOIN THE "A" ZONING
DISTRICT PURSUANT TO SECTION 2.2.2.3. OF THE COLLIER
COUNTY LAND DEVELOPMENT CODE FOR PROPERTY
LOCATED IN SECTION 34, TOWNSHIP 48 SOUTH, RANGE 26
EAST, COLLIER COUNTY, FLORIDA.
WHEREAS, the Legislature of the State of Florida in Chapter 67-1246, Laws of Florida, and
Chapter 125, Florida Statutes, has conferred on Collier County the power to establish, coordinate and
enforce zoning and such business regulations as are necessary for the protection of the public; and
WHEREAS, the County pursuant thereto has adopted a Land Development Code (Ordinance
No. 91-102) which includes a Comprehensive Zoning Ordinance establishing regulations for the zoning
of particular geographic divisions of the County, among which is the granting of Conditional Uses; and
WHEREAS, the Collier County Planning Commission, being the duly appointed and constituted
planning board for the area hereby affected, has held a public hearing after notice as in said regulations
made and provided, and has considered the advisability of Conditional Use 10 of Section 2.2.2.3. of the
Collier County Land Development Code in an ""A" Agricultural Zone for a private school on the
property hereinafter described, and has found as a matter of fact (Exhibit "A") that satisfactory provision
and arrangement have been made concerning all applicable matters required by said regulations ,and in
accordance with Subsection 2.7.4.4 of the Land Development Code for the Collier County Planning
Commission; and
WHEREAS, all interested parties have been given opportunity to be heard by this Board
in a public meeting assembled and the Board having considered all matters presented.
NOW, THEREFORE, BE IT RESOLVED BY the Board of Zoning Appeals of Collier
County, Florida, that:
The petition filed by Robert Duane of Hole Montes, Inc. representing Christ Community
Lutheran School with respect to the property hereinafter described as:
Exhibit "B"
attached hereto and incorporated by reference herein be and the same is hereby approved for
Conditional Use "10" of Section 2.2.2.3. Collier County Land Development Code in the "A,i'
Agricultural Zoning District for a private school in accordance with the Conceptual Master Plan
(Exhibit "C") and subject to the following conditions:
Page 1 of 2
78 .
1. The Department of Zoning and Land Development Review Director May approve
minor changes in the location, sitting, ~r height of buildings, structures, and improvements
authorized by the conditional use. Expansion of th euses identified and approved within this
conditional use applicaiton, or major changes to the site plan submitted as part of this application,
and shall comply with all applicable County ordinances in effect at the time of submittal,
including Division 3.3 Site Development Plan Review and Approval, of the Collier County
Land Development Code, Ordinance (91-102).
2. Pursuant to Section 2.2.25.8.1 of the Land Development Code, if, during the course
of site clearing, excacvation, or other construction related activity, an haistoric or archeological
artifact is found, all development within the minimum area necessary to protect the discovery
shall be immediately stopped, and the Collier County Code Enforcement Director shall be
contacted.
3. Pursuant to Section 2.8.3.7.4 of the Land Development Code wet and dry retention
areas, will be deviated to provide 3: 1 sodded slopes for the retention areas. The plantings along
the top bank line of the wet and dry retention areas will be staggered and varied to give a natural
appearance.
4. The lighting of athletic fields for nighttime activities shall be prohibited.
5. That along the north property line from the west property line to the access roadway
landscape buffer must be a Type "B" landscape buffer.
BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this
Board.
This Resolution adopted after motion, second and super-majority vote.
Done this
day of
, 2004.
BOARD OF ZONING APPEALS
COLLIER COUNTY, FLORIDA
BY:
, CHAIRMAN
ATTEST:
DWIGHT E. BROCK, CLERK
,Jl
Patrick hite
Assistant County Attorney
Cll-2003-AR-4995/DSllo
Page 2 of 2
78
FINDINGS OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
FOR
CU-2003-AR-4995
The following facts are found:
1. Section 2.2.2.3. of the Land Development Code authorized the conditional use.
2. Granting the conditional use will not adversely affect the public interest and will not
adversely affect other property or uses in the same district or neighborhood because of:
A. Consistency with the Land Development Code and Growth Management Plan:
Yes No
B. Ingress and egress to property and proposed structures thereon with particular
reference to automotive and pedestrian safety and convenience, traffic flow and control, and
access in case of fire or catastrophe:
Adequate ingress & egress
Yes No
C. Affects neighboring properties in relation to noise, glare, economic or odor
effects:
No affect or _ Affect mitigated by
_ Affect cannot be mitigated
D. Compatibility with adjacent properties and other property in the district:
Compatible use within district
i
Yes 'No
Based on the above findings, this conditional use should, with stipulations, (copy attached)
(should not) be recommended for approval
DATE:
CHAIRMAN:
EXHIBIT A
1<'
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78
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CU-2003-AR-4995 January 15, 2004 CCPC Meeting Page 5 of 11
EXHIBIT "C"
78
V'.~
January 16, 2004
Attn: Georgia
Naples Daily News
1075 Central Avenue
Naples, Florida 34102
Re: CU-2003-AR-4995
Dear Georgia:
Please advertise the above referenced notice on Sunday, January
25, 2004 and kindly send the Affidavit of Publication, in
duplicate, together with charges involved, to this office.
Thank you.
Sincerely,
Ann Jennejohn,
Deputy Clerk
P.O./Account # 113-138312-649110
78
NOTICE OF PUBLIC HEARING
Notice is hereby given that the Board of County Commissioners of
Collier County will hold a public hearing on Tuesday, February 10,
2004, in the Boardroom, 3rd Floor, Administration Building, Collier
~ty Government Center, 3301 East Tamiami Trail, Naples,
Florida. The meeting will begin at 9:00 A.M.
The Board will consider Petition CU-2003-AR-4995, Robert Duane, of
Hole Montes, Inc. representing Christ Community Lutheran School,
requesting Conditional Use 10 of the "AU zoning district for a
private school per Section 2.2.2.3. The property is located at
14785 Collier Boulevard. The property is in Section 34, Township
48 South, Range 26 East, Collier County, Florida, consisting of
9.38+/- acres.
NOTE: All Persons wishing to speak on any agenda item must
register with the County Administrator prior to presentation of
the agenda item to be addressed. Individual speakers will be
limited to 5 minutes on any item. The selection of an individual
to speak on behalf of an organization or group is encouraged. If
recognized by the Chair, a spokesperson for a group or
organization may be allotted 10 minutes to speak on an item.
Persons wishing to have written or graphic materials included in
the Board agenda packets must submit said material a minimum of 3
weeks prior to the respective public hearing. In any case,
written materials intended to be considered by the Board shall be
submitted to the appropriate County staff a minimum of seven days
prior to the public hearing. All material used in presentations
before the Board will become a permanent part of the record.
Any person who decides to appeal a decision of the Board will need
a record of the proceedings pertaining thereto and therefore, may
need to ensure that a verbatim record of the proceedings is made,
which record includes the testimony and evidence upon which the
appeal is based.
BOARD OF COUNTY COMMISISONERS
COLLIER COUNTY, FLORIDA
DONNA FIALA, CHAIRMAN
DWIGHT E. BROCK, CLERK
By: /s/Ann Jennejohn, Deputy Clerk
( SEAL )
Dwight E. Brock
Clerk of Courts
\~eU!1t~3Jf-e6l)ier
CLERK OF THE CIRCUIT COURT
COLUERCOUNTYCOURTROUSE
3301 TAMIAMI TRAll.. EAiST
P.O. BOX 41:3044
NAPLES, FLORIDA 3~101-3044
78
,"-"'w
.i...~
...;:/.i
'^lL-;
Clerk of Courts
Accountant
Auditor
Custodian of County Funds
January 16, 2004
Christ Communtiy Lutheran School
777 Mooring Line Drive
Naples, FL 34102
Re: Notice of Public Hearing to consider Petition
CU-2003-AR-4995
Dear Petitioner:
Please be advised that the above referenced petition will be
considered by the Board of County Commissioners on Tuesday,
February 10, 2004, as indicated on the enclosed notice. The
legal notice pertaining to this petition will be published
in the Naples Daily News on Sunday, January 25, 2004.
You are invited to attend this public hearing.
Sincerely,
DWIGHT E. BROCK, CLERK
~~O.C.
Ann Jenne9ohn, Yeputy Clerk
Enclosure
Phone-(239) 732-2646
Website- www.clerk.collier.O.us
Fax- (239) 775-2755
lEDnail-collierclerk~clerk.collier.O.us
Dwight E. Brock
Clerk of Courts
, i~9upt~~pfeollier
CLERK OF THE CIRCUIT COURT
COLLIER COUNTY COURTHOUSE
3301 TAMIAMITRAILEAST
P.O. BOX 413044
NAPLES, FLORIDA 34101-3044
78
t'" ;\. . . I
Clerk of Courts
Accountant
Auditor
Custodian of County Funds
January 16, 2004
Robert Duane
Hole Montes, Inc.
950 Encore Way
Naples, FL 34110
Re: Notice of Public Hearing to consider Petition
CU-2003-AR-4995
Dear Petitioner:
Please be advised that the above referenced petition will be
considered by the Board of County Commissioners on Tuesday,
February 10, 2004, as indicated on the enclosed notice. The
legal notice pertaining to this petition will be published
in the Naples Daily News on Sunday, January 25, 2004.
You are invited to attend this public hearing.
Sincerely,
DWIGHT E. BROCK, CLERK
~~~.
l)~--QY- -~ O.L.
Ann Jenne]ohn, Deputy Clerk
Enclosure
Phone-(239)732-2646
Website- www.clerk.collier.fl.us
Fax- (239) 775-2755
Email-collierclerk@clerk.collier.fl.us
t.
78
Ann P. Jennejohn
To:
Subject:
Georgia (E-mail)
CU-2003-AR-4995
Hi Georgia,
Please advertise the attached on Sunday, January 25, 2004.
Thank you,
Ann
~ ~
Minutes & Records
CU-2003-AR-4995. CU-2003-AR-4995.
doc doc
1
Ann P. Jennejohn
78
,,-,;,!!
From:
Sent:
To:
Subject:
postmaster@clerk.collier,fl,us
Friday, January 16, 2004 3:31 PM
Ann P. Jennejohn
Delivery Status Notification (Relay)
~
B"
), .....
'';'"''
ATT257764.txt
CU-2003-AR-4995
This is an automatically generated Delivery Status Notification.
Your message has been successfully relayed to the following recipients, but the requested
delivery status notifications may not be generated by the destination.
legals@naplesnews.com
1
'"
7B
';"''1/
Ann P. Jennejohn
From:
Sent:
To:
Subject:
System Administrator [postmaster@naplesnews.com]
Friday, January 16, 2004 3:19 PM
Ann P. Jennejohn
Delivered: CU-2003-AR-4995
B
CU-2003-AR-4995
<<CU-2003-AR-4995>> Your message
TO: Georgia (E-mail)
Subject: CU-2003-AR-4995
Sent: Fri, 16 Jan 2004 15:28:10 -0500
was delivered to the following recipient(s):
legals on Fri, 16 Jan 2004 15:19:19 -0500
1
CU-2003-AR-4995
Ann P. Jennejohn
Page 1 of 1
70
in
il:J ,+..:.;:.~
From: legals [Iegals@naplesnews.com]
Sent: Friday, January 16,20044:01 PM
To: Ann P. Jennejohn
Subject: RE: CU-2003-AR-4995
rcvd
to run 1/25
thanks
georgia
-----Original Message-----
From: Ann P. Jennejohn [mailto:AnnJennejohn@c1erk.collierJl.us]
Sent: Friday, January 16, 2004 3:28 PM
To: Georgia (E-mail)
Subject: CU-2003-AR-4995
Hi Georgia,
Please advertise the attached on Sunday, January 25, 2004.
Thank you,
Ann
Minutes & Records <<CU-2003-AR-4995.doc>> <<CU-2003-AR-4995.doc>>
1/16/2004
Naples Daily News
Naples, FL 34102
Affidavit of Publication
Naples Daily News
--------------------------------------------------+---------------------
BOARD OF COUNTY COMMISSIONERS
CHERI LEFARA
PO BOX 413016
NAPLES FL 34101-3016
REFERENCE: 001230
58789879
113138312649
CU-2003-AR-4995NOTIC
State of Florida
County of Collier
Before the undersigned authority, personally
appeared B. Lamb, who on oath says that she serves
as Assistant Corporate Secretary of the Naples
Daily News, a daily newspaper published at Naples,
in Collier Countr, Florida: that the attached
copy of advertis1ng was published in said
newspaper on dates listed.
Affiant further says that the said Naples Daily
News is a newspaper published at Naples, in said
Collier County, Florida, and that the said
newspaper has heretofore been continuously
published in said Collier County, Florida, each
day and has been entered as second class mail
matter at the post office in Naples, in said
Collier County, Florida, for a period of 1 year
next preceding the first publication of the
attached copy of advertisement; and affiant
further says that she has neither paid nor
promised any person, firm or corporation any
discount, rebate, commission or refund for the
purpose of securing this advertisement for
publiction in the said newspaper.
PUBLISHED ON: 01/25
AD SPACE: 109.000 INCH
FILED ON: 01/26/04
--------------------------------~,-----------------+-----------------------
Signature of Affiant /l //\
Sworn to and Subscribed before me this d'7~day of ~~
Personally known by me ~/c>LLpff &7
20 cJ if
",6~~A~:'f,~~::... Harriett Bushong
,',;: ~ 'H MY COMMISSION # DD234689 EXPIRES
",,:;'ffi:'{;O<27 July 24, 2007
. :::,::"~\;,,, BONDED THRU TROY fAIN INSURANCE, INC
r'-~
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l~~-':
CU-2003-AR-4995
NOTICE OF
PUBLIC HEARING
Notice Is hereby given
that the Board of CountY
Commissioners of Cor-
lIer county will hold a
~ubllc hearing on Tues'
day \.. February 10. 2004,
In tne Boardroom. 3ra
Floor. Administration
Building. Collier County
Government Center.
3301 East Tamlaml Trail,
, Naples. Florida. The
meeting will begin at
9:00 A.M.
The Board will consider
Petition CU-2003.AR-
499S, Robert Duane. of
Hole Montes, Inc. repre.
sentlng Chr st commu.
nlty Lutheran SChooll
requesting Condltlona
Use 10 of the . A. zoning
district for a private
, school per Section
2.2.2.3. The property 15
located at 14785 Collier
Boulevard. The property
Is In Section 34, Town-
Ship 48 South, Range 26
East. Collier CountYI
Florida. consisting OT
!1.38+ I- acres.
NOTE: All persons wish- \
Ing to 'speak on any
agenda Item must regls.
ter with the County Ad.
mlnlstrator J)l'lor to pre- 1
sentatlon of the agenda
Item to be addressed,
Individual speakers will
be limited to 5 minutes
on any Item. The selec-
tion of an Individual to
speak on behalf of a,n
organization or group IS
encouraged. If recog-
nized by the Chair. a
spokesperson for a
group or organization
may be allotted 10 min-
utes to speak on an
Item.
Persons wishing to
have written or graphic
materials Included In
the Board agenda paC!<.
ets must submit said
material a minimum of 3
weeks prior to the reo
spectlve public hearing,
In any case. written ma-
terials Intended to be
considered by the Board
shall be submitted to
the appropriate County
staff a minimum of sev-
en days prior to the
pUblic hearing. All ma-
terial used In presenta-
tions before the Board
will become a perma-
nent part of the record,
Any person who decid-
es to aJ)1:Hlll,l a decision
of the Boat<l wntneed a
record of the proceed-
Ings pertaining thereto
and therefore, may need
to ensure that a verba-
tim record of the gro.
ceedlngs 15 made wfl1ch
: record Incl udes the tes-
timony and evidence
upon which the appeal
IS based.
BOARD OF COUNTY
COMMISISONERS
COLLIER COUNTY.
FLORIDA
DONNA FIALA, CHAIR-
MAN
DWIGHT E. BROCK.
CLERK
By: IslAnn Jennejohn.
p~~ Clerk
JAn.1-S No, 460780
t" 78
MEMORANDUM
Date:
March 3, 2004
To:
Don Schneider
Comprenhensive Planning
From:
Linda A. Houtzer, Deputy Clerk
Minutes & Records Department
Re:
Resolution 2004-49
Please find enclosed a copy of the document as referenced
above, approved by the Board on Tuesday, February 10,
2004 (Agenda Item #7B) .
If you should have any questions, please call me at:
774-8411.
Thank you.
Enclosure
78
,. .,11
~. f!
RESOLUTION 04 - 49
A RESOLUTION PROVIDING FOR THE ESTABLISHMENT OF A
PRIVATE USE CONDITIONAL USE 10 IN THE "A" ZONING
DISTRICT PURSUANT TO SECTION 2.2.2.3. OF THE COLLIER
COUNTY LAND DEVELOPMENT CODE FOR PROPERTY
LOCATED IN SECTION 34, TOWNSHIP 48 SOUTH, RANGE 26
EAST, COLLIER COUNTY, FLORIDA.
WHEREAS, the Legislature of the State of Florida in Chapter 67-1246, Laws of Florida, and
Chapter 125, Florida Statutes, has conferred on Collier County the power to establish, coordinate and
enforce zoning and such business regulations as are necessary for the protection of the public; and
WHEREAS, the County pursuant thereto has adopted a Land Development Code (Ordinance
No. 91-102) which includes a Comprehensive Zoning Ordinance establishing regulations for the zoning
of particular geographic divisions of the County, among which is the granting of Conditional Uses; and
WHEREAS, the Collier County Planning Commission, being the duly appointed and constituted
planning board for the area hereby affected, has held a public hearing after notice as in said regulations
made and provided, and has considered the advisability of Conditional Use 10 of Section 2.2.2.3. of the
Collier County Land Development Code in an ""A" Agricultural Zone for a private school on the
property hereinafter described, and has found as a matter of fact (Exhibit "A") that satisfactory provision
and arrangement have been made concerning all applicable matters required by said regulations and in
accordance with Subsection 2.7.4.4 of the Land Development Code for the Collier County Planning
Commission; and
WHEREAS, all interested parties have been given opportunity to be heard by this Board
in a public meeting assembled and the Board having considered all matters presented.
NOW, THEREFORE, BE IT RESOLVED BY the Board of Zoning Appeals of Collier
County, Florida, that:
The petition filed by Robert Duane of Hole Montes, Inc. representing Christ Community
Lutheran School with respect to the property hereinafter described as:
Exhibit "B"
attached hereto and incorporated by reference herein be and the same is hereby approved for
Conditional Use "10" of Section 2.2.2.3. Collier County Land Development Code in the "A"
Agricultural Zoning District for a private school in accordance with the Conceptual Master Plan
(Exhibit "C") and subject to the following conditions:
Page 1 of 2
~7FP
cJJ
Exhibit "D" which is attached hereto and incorporated by reference herein.
BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this Board.
This Resolution adopted after motion, second and super-majority vote.
Done this
10th
day of
February
,2004.
BOARD OF ZONING APPEALS
COLLIER CO TY, FLORIDA
ATTEST:
DWIGHT,J~:';~~@.~~~CI-ERK
. ~:~~":~~:':~~;";';;":".~~:'>" ~Y"
~. ~f#j,'Jf~d;jJ;;~;} 1 L .
APpro~fci+{ t~~~c#lti~.: .":~=:~-:: :l~t,.."S
ega u~~ y: ......, .,'
, '. I ~ . .,.;::;;, ~ ~'.J'
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Patrick G. Whi e
Assistant County Attorney
CU-2003-AR-4995/DS/lo
Page 2 of 2
Item # '76
Agenda ~ /10/6"/
Dale
Date .3-~~o'-f
Rec'd
FINDINGS OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETmON
FOR
78
,.
, ..,
CU-2003-AR-4995
The following facts are found:
1. Section 2.2.2.3. of the Land Development Code authorized the conditional use.
2. Granting the conditional use will not adversely affect the public interest and will not
adversely affect other property or uses in the same district or neighborhood because of:
A. Consistency with the Land Development Code and Growth Management Plan:
Yes / No
B. Ingress and egress to property and proposed structures thereon with particular
reference to automotive and pedestrian safety and convenience, traffic flow and control, and
access in case of fire or catastrophe:
Adequate ingress & egress
Yes I No
C. Affects neighboring properties in relation to noise, glare, economic or odor
effects:
L No affect or _ Affect mitigated by
_ Affect cannot be mitigated
D. Compatibility with adjacent properties and other property in the district:
Compatible use within district
Yes / No
DATE:
I )~ /94
l I
Based on the above findings, this condition
(should not) be recommended for approval
CHAIRMAN:
U 40UClf ";GEWAITEMZI1
EXHl.' B;~ 1 0/25004
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CU-2003-AR-4995 January 15, 2004 CCPC Meeting Page 5 of 11
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'78
CONDITIONS OF APPROVAL
CU-2003-AR-4995
This approval is conditioned upon the following stipulations:
1. The Department of Zoning and Land Development Review Director may approve
minor changes in the location, sitting, or height of buildings, structures, and
improvements authorized by the conditional use. Expansion of the uses identified
and approved within this conditional use application, or major changes to the site
plan submitted as part of this application, shall require the submittal of a new
conditional use application, and shall comply with all applicable County
ordinances in effect at the time of submittal, including Division 3.3, Site
Development Plan Review and Approval, of the Collier County Land
Development Code, Ordinance (91-102).
2. Pursuant to Section 2.2.25.8.1 of the Land Development Code, if, during the
course of site clearing, excavation, or other construction related activity, an
historic or archeological artifact is found, all development within the minimum
area necessary to protect the discovery shall be immediately stopped, and the
Collier County Code Enforcement Director shall be contacted.
3. Pursuant to Section 2.8.3.7.4 of the Land development Code wet and dry retention
areas, will be deviated to provide 3: 1 sodded slopes for the retention areas. The
plantings along the top bank line of the wet and dry retention areas will be
staggered and varied to give a natural appearance.
4. The lighting of athletic fields for nighttime activities shall be prohibited.
5. That along the north property line from the west property line to the access
roadway landscape buffer must be a Type "B" landscape buffer.
6. In compensation for providing land to the County for the 6-laning of CR951, the
petitioner shall receive road impact fee credits equal to the County's appraised
value of such land, less the cost to establish a south-bound right turn lane into the
property which the County may elect to construct for the petitioner.
7. That portion of the subject property that lies adjacent to Collier Boulevard (CR-
951), which may be required for future County right-of-way, may not exceed
$80,000.00 in value per one-half acre. The petitioner may supply to the County,
at their cost, an independent appraisal of the land subject to the future right-of-
way for the purpose of negotiating a final settlement with the County.
8. The County shall reimburse the petitioner the application-fee in the amount of
$2,175.00 that was submitted on November 7, 2003.
CU-2003-AR-4995 CONDITIONS OF APPROVAL
EXHIBIT "D"
Message
Page 1 of 1
.78
.
..
George Hermanson
From: George Hermanson
Sent: Monday, February 09,20045:18 PM
To: 'Alan EI-Urfali (alanelurfali@colliergov.net)'; 'Kevin Hendricks (kehendricks@colliergov.net)'
Cc: Bob Duane
Subject: Christ Comm Luth School
Here's my stipulation for the conditional use for the BCC tomorrow:
In compensation for providing land to the County for the 6-laning of CR951 , the petitioner shall receive
road impact fee credits equal to the County's appraised value of such land, less the construction cost of a south-
bound right right turn lane into the property which the County may elect to construct for the petitioner.
Let me know if this is OK
~ EXHIBIT
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2/9/2004
COLLIER COUNTY FLORIDA
REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS
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To: Clerk to the Board: Please place the following as a:
XXX Normal Legal Advertisement
(Display Adv., location, etc.)
Other:
*****************************************************************************************~***********
Originating Dept/ Div: Comm.Dev.Serv./Planning Person: ~~a~~e~f./ ~ate: // ~~O~
Petition No. (If none, give brief description): CU-2003-AR-4799,~~C~UILDERS, INC
Petitioner: (Name & Address): Esward B. Hanf, 5274 GOLDEN GATE PKWY, NAPLES, FL 34116
Name & Address of any person(s) to be notified by Clerk's Office: None
Hearing before BCC
BZA
Other
Requested Hearing date: Janurarv 13. 2004 Based on advertisement appearing 15 days before hearing.
Newspaper(s) to be used: (Complete only if important):
XXX Naples Daily News
Other
Legally Required
Proposed Text: (Include legal description & common location & Size: CU-2003-AR-4799, Edward B. Hanf, of American Dream
Builders, Inc., requesting Conditional Use 9 in the "E" Estates zoning district for a model home and sales center per Section 2.2.3.3. of
the Land Development Code. Property is located at 4050 13th Avenue S.W., on the southwest corner of 13lh Ave SW and Collier
Boulevard (C.R. 951) Golden Gate Estates Unit 26, Tract 119, in Section 15, TownshIp 49 South, Range 26 East, Collier County,
Florida, consisting of 5::1: acres.
Companion petition(s), if any & proposed hearing date:
Does Petition Fee include advertising cost? Yes
113-138312-649110
No If Yes, what account should be charged for advertising costs:
Reviewed by:
~~ liLIo3
,./Department Head Dat '
Approved by:
County Manager
Date
List Attachments:
DISTRIBUTION INSTRUCTIONS
A. For hearings before BCC or BZA: Initiating person to complete one copy and obtain Division Head approval before
submitting to County Manager. Note: If legal document is involved, be sure that any necessary legal review, or request for
same, is submitted to County Attorney before submitting to County Manager. The Manager's office will distribute copies:
County Manager agenda file: to Requesting Division
Original Clerk's Office
B. Other hearings: Initiating Division head to approve and submit original to Clerk's Office, retaining a copy for file.
******************************************************************************************************
FOR CLERK'S OFFICE USE ONLY:
Date Received: 1;'- :>-03
Date of Public hearing: ~
;;'/10/0'1
~~-
Date Advertised: .' () 3
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RESOLUTION NO.
A RESOLUTION OF TillE BOARD OF ZONING APPEALS
PROVIDING FOR THE ESTABLISHMENT OF CONDITIONAL USE 9
IN THE "E" ESTATES ZONING DISTRICT PURSUANT TO SECTION
2.2.3.3 OF THE COLLIER COUNTY LAND DEVELOPMENT CODE
FOR PROPERTY LOCATED IN SECTION 15, TOWNSHIP 49 SOUTH,
RANGE 26 EAST, COLLIER COUNTY, FLORIDA.
WHEREAS, the Legislature of the State of Florida in Chapter 67-1246, Laws of Florida, and
Chapter 125, Florida Statutes, has conferred on Collier County the power to establish, coordinate and
enforce ~oning and such business regulations as are necessary for the protection of the public; and
WHEREAS, the County pursuant thereto has adopted a Land Development Code (Ordinance
No. 91-102) which includes a Comprehensive Zoning Ordinance establishing regulations for the
zoning of particular geographic divisions of the County, among which is the granting of Conditional
Uses; and
WHEREAS, the Board of Zoning Appeals (Board), being the duly appointed and constituted
board for the area hereby affected, has held a public hearing after notice as in said regulations made
and provided, and has considered the advisability of Conditional Use 9 .. ~ Section 2.2.3.3 and 2.6.33.4
of the Collier County Land Development Code in an "E" Estates Zone for a model home and sales
center on the property hereinafter described, and the Collier County Planning Commission has found
as a matter of fact (Exhibit "A") that satisfactory provision and arrangement have been made
concerning all applicable matters required by said regulations and in accordance with Subsection
2.7.4.4 of the Land Development Code; and
WHEREAS, all interested parties have been given opportunity to be heard by this Board
in a public meeting assembled and the Board having considered all matters presented.
NOW, THEREFORE, BE IT RESOLVED BY the Board of Zoning Appeals of Collier
County, Florida, that:
The petition, CU-2003-AR-4799, filed by Edward B. Hanf, of American Dream
Builders, Inc, with respect to the property hereinafter described as:
All of Tract 119, Golden Gate Estates, Unit No. 26, according to the plat thereof
recorded in Plat Book 7, Page 15, Public Records of Collier County, Florida,
Is hereby approved for Conditional Use 9 of Section 2.2.3.3 Collier County Land Development
Code in the "E" Estates Zoning District for a model home and sales center in accordance with
Page 1 of2
the Conceptual Master Plan (Exhibit liB") and subject to the following conditions:
Exhibit "C" which is attached hereto and incorporated by reference herein. .
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BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this
Board.
This Resolution adopted after motion, second and super-majority vote.
Done this
day of
, 2004.
BOARD OF ZONING APPEALS
COLLIER COUNTY, FLORIDA
BY:
TOM HENNING, CHAIRMAN
ATTEST:.
DWIGHT E. BROCK, CLERK
DEPUTY CLERK
Patrick. it
Assistant County Attorney
CU-2003-AR-4799/MD/lo
Page 2 of2
FINDINGS OF FACT
BY
c;OLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
FOR
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CU-2003-AR-4799
The following facts are found:
I. Section 2.2.2.3.3 of the Land Development Code authorizes the conditional use.
2. Granting the conditional use will not adversely affect the public interest and will not
adversely affect other property or uses in the same district or neighborhood because of:
A. Consistency with the Land Development Code and Growth Management Plan:
Yes No
B. Ingress and egress to property and proposed structures thereon with particular
reference to automotive and pedestrian safety and convenience, traffic flow
and control, and access in case of fire or catastrophe:
Adequate ingress & egress
Yes No
C. Affects neighboring properties in relation to noise, glare, economic or odor
effects:
No affect or _ Affect mitigated by <text>
_ Affect cannot be mitigated
D. Compatibility with adjacent properties and other property in the district:
Compatible use within district
Yes No
Based on the above findings, this conditional use should, with stipulations, (copy attached)
(should not) be recommended for approval
DATE:
CHAIRMAN:
EXHIBIT "A"
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PROJECT #2003040011
DATE: 10/7/03
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Conditions for Approval of Conditional Use CU-2003-AR-4799
(December 18, 2003)
I. This conditional use approval shall expire three (3) years from its original date of
adoption. Should the property owner wish to continue the approved use beyond
three (3) years, the property owner shall reapply for another conditional use or
comply with applicable land development regulations at the time of expiration of
this conditional use,
2. The planning service director may approve minor changes in the location, siting,
or height of buildings, structures, and improvements authorized by this
conditional use. Expansion of the uses identified and approved within this
conditional use application, or major changes to the site plan submitted as part of
this application, shall require the submittal of a new conditional use application,
and shall comply with all applicable County ordinances in effect at the time of
submittal, including Division 3.3, Site Development Plan Review and Approval,
of the Collier County Land Development Code (Ordinance 91-102)
3. Pursuant to Section 2.2.25.8.1 of the Land Development Code, if during the
Course of site clearing, excavation, or other construction activities a historical or
archaeological artifact is found, all development within the minimum area
necessary to protect the discovery shall be immediately stopped and the Collier
County Code Enforcement Department contacted.
Exhibit "C"
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December 5,2003
Attn: Georgia
Naples Daily News
1075 Central Avenue
Naples, Florida 34102
Re: CU-2003-AR-4799
Dear Georgia:
Please advertise the above referenced notice on Sunday, December 28, 2003, and kindly send the
Affidavit of Publication, in duplicate, together with charges involved, to this office.
Thank you.
Sincerely,
Linda A. Houtzer
Deputy Clerk
P.O.lAccount # 113-138312-649110
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NOTICE OF PUBLIC HEARING
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Notice is hereby given that the Board of County Commissioners of
Collier County will hold a public hearing on Tuesday, January 13
2004, in the Boardroom, 3rd Floor, Administration Building, Collier
County Government Center, 3301 East Tamiami Trail, Naples,
Florida. The meeting will begin at 9:00 A.M.
The Board will consider Petition CU-2003-AR-4799, Edward B. Hanf,
of American Dream Builders, Inc., requesting Conditional Use 9 in
the "E" Estates zoning district for a model home and sales center
per Section 2.2.3.3. of the Land Development Code. Property is
located a 4050 13th Avenue S.W., on the southwest corner of 13th Ave
SW and Collier Boulevard (C.R. 951) Golden Gate Estates unit 26,
Tract 119, in Section 15, Township 49 South Range 26 East, Collier
County, Florida, consisting of 5+/- acres.
NOTE: All Persons wishing to speak on any agenda item must
register with the County Administrator prior to presentation of
the agenda item to be addressed. Individual speakers will be
limited to 5 minutes on any item. The selection of an individual
to speak on behalf of an organization or group is encouraged. If
recognized by the Chair, a spokesperson for a group or
organization may be allotted 10 minutes to speak on an item.
Persons wishing to have written or graphic materials included in
the Board agenda packets must submit said material a minimum of 3
weeks prior to the respective public hearing. In any case,
written materials intended to be considered by the Board shall be
submitted to the appropriate County staff a minimum of seven days
prior to the public hearing. All material used in presentations
before the Board will become a permanent part of the record.
Any person who decides to appea: a decision of the Board will need
a record of the proceedings pertaining thereto and therefore, may
need to ensure that a verbatim record of the proceedings is made,
which record includes the testir.ony and evidence upon which the
appeal is based.
BOARD OF COUNTY COMMISISONERS
COLLIER COUNTY, FLORIDA
TOM HENNING, CHAIRMAN
DWIGHT E. BROCK, CLERK
By: Is/Linda A. Houtzer, Deputy Clerk
(SEAL)
Dwight E. Brock
Clerk of Courts
Co~t~of Collier
CLERK OF THE CIRCUIT COURT
COLLIER COUNTY COURTHOUSE
330 I T AMIAMI TRAIL EAST
P.O. BOX 413044
NAPLES, FLORIDA 34101-3044
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Clerk of Courts
Accountant
Auditor
Custodian of County Funds
December 5, 2003
Edward B. Hanf
5274 Golden Gate Pkwy.
Naples, FL 34116
Re: Notice of Public Hearing to consider Petition
CU-2003-AR-4799
Dear Petitioner:
Please be advised that the above referenced petition will be
considered by the Board of County Commissioners on Tuesday,
January 13, 2004, as indicated on the enclosed notice. The
legal notice pertaining to this petition will be published
in the Naples Daily News on Sunday, December 28, 2003.
You are invited to attend this public hearing.
Sincerely,
DWIGHT E. BROCK, CLERK
~ A. ~J .h~.
Linda A. Houtzer, Deputy Clerk
Enclosure
Phone- (239) 732-2646
Website- www.clerk.collier.fl.us
Fax- (239) 775-2755
Email-collierclerk@clerk.collier.fl.us
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Subject:
Deruntz, Michael
Monday, December 08,20038:59 AM
Minutes and Records; Brock, Mary; Filson, Sue
Martin, Cecilia
FW: CU-2003-AR-2003
> -----original Message-----
> From: deruntzMichael
> Sent: Friday, December OS, 2003 1:43 PM
> To: martin_c; oldham_I; johnson_c; bedtelyon_l
> subject: CU-2003-AR-2003
>
> The public hearings for CU-2003-AR-4799, American Dream Builders, will need to be
rescheduled. The petitioner did not meet the advertising requirement for posting the
property 15 days prior to the hearing date. I will need to get with CC to schedule this
request for the next available CCPC meeting. Mike D.
1
Linda A. .HOutzer
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December 8, 2003
Attn: Georgia
Naples Daily News
1075 Central Avenue
Naples, Florida 34102
Re: CU-2003-AR-4799
Dear Georgia:
Please advertise the above referenced notice on Sunday, January 25, 2004 and kindly send the
Affidavit of Publication, in duplicate, together with charges involved, to this office.
Thank you.
Sincerely,
Linda A. Houtzer
Deputy Clerk
P.O./Account # 113-138312-649110
~
7C
NOTICE OF PUBLIC HEARING
7C
Notice is hereby given that the Board of County Commissioners of
Collier County will hold a public hearing on Tuesday, February 10,
2004, in the Boardroom, 3rd Floor, Administration Building, Collier
County Government Center, 3301 East Tamiami Trail, Naples,
Florida. The meeting will begin at 9:00 A.M.
The Board will consider Petition CU-2003-AR-4799, Edward B. Hanf,
of American Dream Builders, Inc., requesting Conditional Use 9 in
the "E" Estates zoning district for a model home and sales center
per Section 2.2.3.3. of the Land Development Code. Property is
located a 4050 13th Avenue S.W., on the southwest corner of 13th Ave
SW and Collier Boulevard (C.R. 951) Golden Gate Estates Unit 26,
Tract 119, in section 15, Township 49 South Range 26 East, Collier
County, Florida, consisting of 5+/- acres.
NOTE: All Persons wishing to speak on any agenda item must
register with the County Administrator prior to presentation of
the agenda item to be addressed. Individual speakers will be
limited to 5 minutes on any item. The selection of an individual
to speak on behalf of an organization or group is encouraged. If
recognized by the Chair, a spokesperson for a group or
organization may be allotted 10 minutes to speak on an item.
Persons wishing to have written or graphic materials included in
the Board agenda packets must submit said material a minimum of 3
weeks prior to the respective public hearing. In any case,
written materials intended to be considered by the Board shall be
submitted to the appropriate County staff a minimum of seven days
prior to the public hearing. All material used in presentations
before the Board will become a permanent part of the record.
Any person who decides to appeal a decision of the Board will need
a record of the proceedings pertaining thereto and therefore, may
need to ensure that a verbatim record of the proceedings is made,
which record includes the testimony and evidence upon which the
appeal is based.
BOARD OF COUNTY COMMISISONERS
COLLIER COUNTY, FLORIDA
TOM HENNING, CHAIRMAN
DWIGHT E. BROCK, CLERK
By: Is/Linda A. Houtzer, Deputy Clerk
( SEAL)
December 8, 2003
Edward B. Hanf
5274 Golden Gate Pkwy.
Naples, FL 34116
Re: Notice of Public Hearing to consider Petition
CU-2003-AR-4799
Dear Petitioner:
Please be advised that the above referenced petition will be
considered by the Board of County Commissioners on Tuesday,
February 10, 2004, as indicated on the enclosed notice. The
legal notice pertaining to this petition will be published
in the Naples Daily News on Sunday, January 25, 2004.
You are invited to attend this public hearing.
Sincerely,
DWIGHT E. BROCK, CLERK
Linda A. Houtzer, Deputy Clerk
Enclosure
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..t:inda A. :J-IOutzer
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{ieorgia (E-mail)
.JVew :Date for CU-2003-A:R-4799
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ATI328654.txt New Date for
CU-2003-AR-4799 " c/.'. .' . .'
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:Delivered: .New :Date fir CV-2003-A:R-4799
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New Date for
CU-2003-AR-4799
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New Date for CU-2003-AR-4799
Linda A. Houtzer
From: legals [Iegals@naplesnews.com]
Sent: Tuesday, December 09, 2003 10:01 AM
To: Linda A. Houtzer
Subject: RE: New Date for CU-2003-AR-4799
RCVD
to run jan. 25
georgia
-----Original Message-----
From: Linda A. Houtzer (mailto:Linda.Houtzer@c1erk.collier.fl.us]
Sent: Monday, December 08, 20039:39 AM
To: Georgia (E-mail)
Subject: New Date for CU-2003-AR-4799
{7(}(ld)I!(}rlliJ~(1 ->l,tICliJl!
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Page I of I
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Naples Daily News
Naples, FL 34102
Affidavit of Publication
Naples Daily News
--------------------------------------------------+----------------------
BOARD OF COUNTY COMMISSIONERS
CHERI LEFARA
PO BOX 413016
NAPLES FL 34101-3016
REFERENCE: 001230
58770492
113138312649
CU-2003-AR-4799NOTIC
State of Florida
County of Collier
Before the undersigned authority, personally
appeared B. Lamb, who on oath says that she serves
as Assistant Corporate Secretary of the Naples
Daily News, a daily newspaper published at Naples,
in Collier County, Florida: that the attached
copy of advertising was published in said
newspaper on dates listed.
Affiant further says that the said Naples Daily
News is a newspaper ~ublished at Naples, in said
Collier County, Florlda, and that the said
newspaper has heretofore been continuously
published in said Collier County, Florida, each
day and has been entered as second class mail
matter at the post office in Naples, in said
Collier County, Florida, for a period of 1 year
next preceding the first publication of the
attached copy of advertisement; and affiant
further says that she has neither paid nor
promised any person, firm or corporation any
discount, rebate, commission or refund for the
purpose of securing this advertisement for
publiction in the said newspaper.
PUBLISHED ON: 01/25
AD SPACE:
FILED ON:
114.000 INCH
01/26/04
----------------------------)-----~\--------------+-----------------------1
Signature of Affiant ) ...-----
Sworn to and Subscribed be~ore me this ;Z~ day of ~~
Personally known by me ~c<./lA~- &-!_AJ_i2.o-v<-4
r7
20C.?:(
Harriett Bushong
MY COMMISSION 1/ DD234689 EXPIRES
July 24. 2007
BONDED lH~U l~OY FAIN INSU~ANCE, INC
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CU-2Q03-AR.4799
NOTICE OF
PUBUC HEARING
Notice" Is hereby Illven
that the IOll'dof COUntY
co",m~ssloners of Cof.
lIer COllnty. will hold a
p'ubllc ,"-rIng on Tues.
i:Iay, February 1012004.1
In the Boardroom, 3rll
Floor. Administration
Building, Collier County
Government Center,
3301 East Tamlaml Trail,
Naples, FlOrida. The
meeting will begin at
9:00 A.M.
The Board will consider
Petition CU.2003.AR.
47911, Edward B. Hanf of
American Dream Build.
ers, Inc., requesting
COlldltlonal Use 9 In the
"E" Eltates zoning dls-,
trlct for a model nome
and sales center per
Section 2.2.3.3. of the
, Land Development
i Code. Property Is locat.
, ed a 4050" 13tn Avenue
I S.W.. on the southwest
, corner of 13th Ave SW
."llfllf C:oH" ~e.v.rl1
(C.R. 951) Golden Gale 1\
Estates Ul'Jlt 26. Tract
119. In SectIOn 15, Town-
ship 49 South Range 26
East, Collier countYJ
Florlaa. consisting OTI
5+/- acres. ,
NOTE: All Persons wish,
Ing to speak on any
agenda Item must reglS.
ter with the CountY Ad'l
mlnlstrator frlor to pre'
sentatlon 0 the agenda
Item · to be addressed.
Indlvldllal speakers will
be lIMltlld fo S minutes
on any Item. The selec.
tlon of an IndIvidual to
speak on behalf of an
organization or group Is
encol,lraged. If recog.
nlzed by the Chair, a
spokesperson for a
group or organization
may be allotted 10 min.
utes to speak on an
Item. .
Persons wishing to have
written or gr&iltllc ma.
terlals Included. In the
Board agenda paekets
must submit said ma.
terlal a minimum of 3\
weeks prior to the reo
spective Pllbllc hearing.
In any case, written ma.
terlals Intended to lle
considered bY the BOard
shall be submitted to
the appropriate County
staff a minimum of sev.
en days .prlor to the
public hearing. All ma.
terlal used In presenta.
tlons before the Board
will become a perma.
nent part of the record.
Any, person. who decides
to appeal a decision of
the Board will need are.
cord of the proceedings
pertaining thereto and
therefore. may need to
ensure that a verbatim
record of the proceed.
Ings Is made, which reo
cord Includes. the testl.
mony and evidence
upon which the appeal
15 based.
BOARD OF COUNH
COMMI$ISONERS I
COLLIER COUNTY, FLORI-
DA
TOM HENNING, CHAIR.
MAN
DWIGHT E. BROCK,
CLERK
By: IS/Linda A. HOlJtzer,
DeputY Clerk
(SEAL) .
. Jan. 25 ' No. 41~737
MEMORANDUM
Date:
February 11, 2004
To:
Michael DeRuntz, Planner
Planning Services
From:
Linda A. Houtzer, Deputy Clerk
Minutes & Records Department
Re:
Resolution 2004-50
Enclosed please find one (1) copy of the Resolution 2004-50 as referenced above
(Agenda Item #7C, as approved by the Board of County Commissioners on
Tuesday, February 10,2004.
The original resolution is being retained for the record.
If you should have any questions, please call me at 774-8411
Thank you.
Enclosures
7G
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RESOLUTION NO. 04- 5 0
A RESOLUTION OF THE BOARD OF ZONING APPEALS
PROVIDING FOR THE ESTABLISHMENT OF CONDITIONAL USE
9 IN THE "E" ESTATES ZONING DISTRICT PURSUANT TO
SECTION 2.2.3.3 OF THE COLLIER COUNTY LAND
DEVELOPMENT CODE FOR PROPERTY LOCATED IN SECTION
15, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY,
FLORIDA, CONTAINING 5 ACRES.
WHEREAS, the Legislature of the State of Florida in Chapter 67-1246, Laws of Florida, and
Chapter 125, Florida Statutes, has conferred on Collier County the power to establish, coordinate and
enforce zoning and such business regulations as are necessary for the protection of the public; and
WHEREAS, the County pursuant thereto has adopted a Land Development Code (Ordinance
No. 91-102) which includes a Comprehensive Zoning Ordinance establishing regulations for the zoning
of particular geographic divisions of the County, among which is the granting of Conditional Uses; and
WHEREAS, the Board of Zoning Appeals (Board), being the duly appointed and constituted
board for the area hereby affected, has held a public hearing after notice as in said regulations made and
provided, and has considered the advisability of Conditional Use 9 of Section 2.2.3.3 and 2.6.33.4 of the
Collier County Land Development Code in an "E" Estates Zone for a model home and sales center on
the property hereinafter described, and the Collier County Planning Commission has found as a matter
of fact (Exhibit "A") that satisfactory provision and arrangement have been made concerning all
applicable matters required by said regulations and in accordance with Subsection 2.7.4.4 of the Land
Development Code; and
WHEREAS, all interested parties have been given opportunity to be heard by this Board
in a public meeting assembled and the Board having considered all matters presented.
NOW, THEREFORE, BE IT RESOLVED BY the Board of Zoning Appeals of Collier
County, Florida, that:
The petition, CU-2003-AR-4799, filed by Edward B. Hanf, of American Dream
Builders, Inc, with respect to the property hereinafter described as:
All of Tract 119, Golden Gate Estates, Unit No. 26, according to the plat thereof
recorded in Plat Book 7, Page 15, Public Records of Collier County, Florida,
Page 1 of 2
7C
Is hereby approved for Conditional Use 9 of Section 2.2.3.3 Collier County Land Development
'-.
Code in the "E" Estates Zoning District for a model home and sales center in accordance with
the Conceptual Master Plan (Exhibit "B") and subject to the following conditions:
Exhibit "C" which is attached hereto and incorporated by reference herein.
BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this
Board.
This Resolution adopted after motion, second and super-majority vote.
Done this
day of
,2004.
BY:
DO
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Approved as to Form and
~ienCY:
. ~~
Patrick G. White
Assistant County Attorney
CU-2003-AR-4799/MD/lo
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Page 2 of 2
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FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
FOR
7C
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CU-2003-AR-4799
The following facts are found:
I. Section 2.2.2.3.3 of the Land Development Code authorized the conditional use.
2. Granting the conditional use will not adversely affect the public interest and will
not adversely affect other property or uses in the same district or neighborhood
because of:
A. Consistency with the Land Development Code and Growth Management Plan:
Yes /' No
B. Ingress and egress to property and proposed structures thereon with particular
reference to automotive and pedestrian safety and convenience, traffic flow and
control, and access in case of fire or catastrophe:
Adequate ingress & egress vi'
Yes No
C. Affects neighboring properties in relation to noise, glare, economic or odor
effects:
~o affect or _ Affect mitigated by
_ Affect cannot be mitigated
D. Compatibility with adjacent properties and other property in the district:
Compatible use within district
Yes V No
DATE:
Based on the above findings, this conditional use should, with stiPUl~ (copy attached)
(should not) be recommended for approval 1 1Q().r ~ .
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CU-2003-AR-4799
PROJECT #2003040011
DATE: 1017/03
MIKE DERUNTZ
'hj1C ~I
.t
Conditions for Approval of Conditional Use CU-2003-AR-4799
(January 15,2004)
1. This conditional use approval shall expire one (I) years from its original
expiration date ofCU-2000-12 (November 25,2005). Should the property owner
wish to continue the approved use beyond the one (1) year extension, the property
owner shall reapply for another conditional use or comply with applicable land
development regulations at the time of expiration of this conditional use,
2. The Zoning and Land Development Director may approve minor changes in the
location, siting, or height of buildings, structures, and improvements authorized
by this conditional use. Expansion of the uses identified and approved within this
conditional use application, or major changes to the site plan submitted as part of
this application, shall require the submittal of a new conditional use application,
and shall comply with all applicable County ordinances in effect at the time of
submittal, including Division 3.3, Site Development Plan Review and Approval,
of the Collier County Land Development Code (Ordinance 91-102)
3. Pursuant to Section 2.2.25.8.1 of the Land Development Code, if during the
Course of site clearing, excavation, or other construction activities a historical or
archaeological artifact is found, all development within the minimum area
necessary to protect the discovery shall be immediately stopped and the Collier
County Code Enforcement Department contacted.
4. Pursuant to Section 2.6.33.4.1.2 of the Land Development Code, the model home
or model sales center is not intended to allow the full scope of real estate activities
and shall be restricted primarily to the sale and marketing of the model, or
products similar to the model. A model home shall not include offices for
builders, contractors, developers, or similar activities.
5. A sidewalk shall be design and constructed, to the County's "Local Road"
standards, along the entire frontage of this property on 13th Avenue S.W. within
six months from the approval date of this request.
Exhibit "C"
COLLIER COUNTY FLORIDA
REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS
(i)..
.-
, .
'0 t ,9
~ca ~\
To: Clerk to the Board: Please place the following as a:
X Normal legal Advertisement
(Display Adv., location, etc.)
o Other:
**********************************************************************************************************
Originating Dept! Div: Traffic Operationsl A TM Dept: Transportation Services Division
Person: Robert Tipton Date: 1/9/04
Petition No. (If none, give brief description): None; Road and Bridge employees submitted problems to Traffic Operations for
investigation relative to interference with traffic and potential dangers to fishermen.
Petitioner: (Name & Address):
Name & Address of any person(s) to be notified by Clerk's Office: (Ifmore space is needed, attach separate sheet)
Hearing before X BCC
BZA
Other
Requested Hearing date: (Based on advenisement appearing 10 days before hearing.) 2/10/04
Newspaper(s) to be used: (Complete only if important):
X Naples Daily News
o Other
o Legally Required
Proposed Text: (Include legal description & common location & Size:
REQUEST THE BOARD APPROVE AN ORDINANCE TO PROHIBIT FISHING ON DESIGNATED
BRIDGES WITHIN COLLIER COUNTY. WHICH ORDINANCE ALSO (1) DIRECTS THE COUNTY
ADMINISTRATOR TO POST APPROPRIATE SIGNAGE; (2) AUTHORIZES THE COUNTY
ADMINISTRATOR TO DETERMINE THOSE OTHER COUNTY BRIDGES UPON WHICH FISHING
OUGHT TO BE PROHmITED; (3) PROVIDES FOR PENAL TIES FOR VIOLATION OF THE ORDINANCE;
(4) DIRECTS THAT THE ORDINANCE BE INTERPRETED CONSISTENT WITH F.S. 316.1305, FISHING
FROM STATE ROAD BRIDGES; (5) REPEALS AND SUPERSEDES RESOLUTION NO. 2002-204, WHICH
ESTABLISHED A FISHING PROHIBITION FROM BRIDGE NO 030210; (6) PROVIDES FOR THE
INCLUSION IN THE COLLIER COUNTY CODE OF LAWS AND ORDINANCES; AND (7) PROVIDES FOR
AN EFF~CTIVE DATE.
Companion petition(s), if any & proposed hearing date: February 10,2004
Does Pet;tir';1 Fee include advertising cost? 0 Yes X :w
Ifno, W"'l: account should be charged for advenising costs: 101-163630-6491nJ
Revi~,-.ed h:,/. '
d/ . /'-/
/........- ,.- h"~ //
/Division Ad.ministrato~r Designee
/- 9-,-:4
Date
List Attachments: Ordinance, Executive Summary
DISTRIBUTION INSTRUCTIONS
"\ ~
;
"
."
A. For hearings before BCC or BZA: Initiating person to complete one copy and obtain Division Head approval before
submitting to County Manager. Note: If legal document is involved, be sure that any necessary legal review; or request
for same, is submitted to County Attorney before submitting to County Manager. The Manager's office will distribute
copies:
X County Manager agenda file: to
Clerk's Office
X Requesting Division:
Transportation Services/Traffic
Operations-A TM
o Original
B. Other hearings: Initiating Division head to approve and submit original to Clerk's Office, retaining a copy for file.
***********************************************************************************************************
FOR CLERK'S OFFICE USE ONLY:
Date Received: /-4 -of
Date of Public hearing; (f-1D -Ot/ Date Advertised: I-a/) -t)y.
\
~1
w \l
ORDINANCE NO. 2004-
AN ORDINANCE OF COLLIER COUNTY, FLORIDA, PROIDBITING
FISHING ON DESIGNATED BRIDGES WITHIN THE COUNTY; PROVIDING
PENALTIES FOR VIOLATION; REPEALING AND SUPERSEDING
RESOLUTION NO. 2002-204; PROVIDING FOR INCLUSION IN THE
COLLIER COUNTY CODE OF LAWS AND ORDINANCES; PROVIDING FOR
AN EFFECTIVE DATE.
WHEREAS, it is hereby found and determined by the Board of County Commissioners that fishing
from certain designated bridges, or portions thereof, is detrimental to traffic safety or dangerous to human
life.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA, that
SECTION ONE: AUTHORITY.
This Ordinance is adopted pursuant to the provisions of Chapter 125 and Chapter 316, Florida
Statutes, and other applicable provisions of law.
SECTION TWO: RESTRICTED BRIDGES; PUNISHMENT; INTERPRETATION.
(1) Fishing is hereby prohibited on the following bridges:
Vanderbilt Drive: Bridge No. 030177 and Bridge No. 030176
Bluebill Avenue: Bridge No. 030149
Plantation Parkway: Bridge No. 0302JO
Chokoloskee Causeway, Bridge No. 030161
The County Administrator is hereby directed to post appropriate signs on these bridges stating that
fishing from the bridge is prohibited. The County Admmistrator is further authorized to determine those
other county bridges upon which fishing ought to be prohilJited, and with approval of the Board of County
Commissioners by resolution, shall cause appropriate signage to be posted.
(2) Fishing from a bridge upon which has been posted signs as provided in subsection (1) is a
noncriminal traffic violation, punishable as a pedestrian violation as provided in Chapter 318, Florida
Statutes.
.., .....
(3) This Ordinance shall be interpreted consistent with F.S. 316.1305, Fishing from state road
"8~A
\
bridges.
SECTION THREE: REPEALING AND SUPERSEDING RESOLUTION NO. 2002-204.
Collier County Resolution No. 2002-204, which established a fishing prohibition from Bridge No.
- -
030210 on Plantation Parkway over the Everglades drainage canal, being incorporated into this Ordinance, is
hereby repealed and superseded in its entirety as of the effective date of this Ordinance.
SECTION FOUR: INCLUSION IN THE CODE OF LAWS AND ORDINANCES.
The provisions of this Ordinance shall become and be made a part of the Code of Laws and
Ordinances of Collier County, Florida. The sections of the Ordinances may be renumbered or relettered to
accomplish such, and the word "ordinance" may be changed to "section", "article", or any other appropriate
word.
SECTION FOUR: EFFECTIVE DATE.
This Ordinance shall become effective upon filing with the Florida Department of State.
PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida,
this
day of
,2004.
ATTEST:
DWIGHT E. BROCK, Clerk
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
BY:
Deputy Clerk
BY:
, Chairman
January 9, 2004
Attn: Georgia
Naples Daily News
1075 Central Avenue
Naples, Florida 34102
Re: ORDINANCE PROHIBITING FISHING ON DESIGNATED BRIDGES WITHIN
COLLIER COUNTY
Dear Georgia:
Please advertise the above referenced notice on Friday, January
30, 2004, and kindly send the Affidavit of Publication, in
duplicate, together with charges involved to this office.
Thank you.
Sincerely,
Ann Jennejohn,
Deputy Clerk
P.O./Account # 101-163630-649100
SA
.
NOTICE OF INTENT TO CONSIDER ORDINANCE
8A
Notice is hereby given that on Tuesday, February 10, 2004, in the
Boardroom, 3rd Floor, Administration Building, Collier County
Government Center, 3301 East Tamiami Trail, Naples, Florida, the Board
of County Commissioners will consider the enactment of a County
Ordinance. The meeting will commence at 9:00 A.M. The title of the
proposed Ordinance is as follows:
REQUEST THE BOARD APPROVE AN ORDINANCE TO PROHIBIT FISHING ON
DESIGNATED BRIDGES WITHIN COLLIER COUNTY. WHICH ORDINANCE ALSO (1)
DIRECTS THE COUNTY ADMINISTRATOR TO POST APPROPRIATE SIGNAGE, (2)
AUTHORIZES THE COUNTY ADMINISTRATOR TO DETERMINE THOSE OTHER
COUNTY BRIDGES UPON WHICH FISHING OUGHT TO BE PROHIBITED, (3)
PROVIDES FOR PENALTIES FOR VIOLATION OF THE ORDINANCE, (4) DIRECTS
THAT THE ORDINANCE BE INTERPRETED CONSISTENT WITH F.S. 316.1305,
FISHING FROM STATE ROAD BRIDGES, (5) REPEALS AND SUPERCEDES
RESOLUTION 2002-204, WHICH ESTABLISHED A FISHING PROHIBITION FROM
BRIDGE NO 030210, (6) PROVIDES FOR THE INCLUSION IN THE COLLIER
COUNTY CODE OF LAWS AND ORDINANCES, AND (7) PROVIDES FOR AN
EFFECTIVE DATE.
Copies of the proposed Ordinance are on file with the Clerk to the
Board and are available for inspection. All interested parties are
invited to attend and be heard.
NOTE: All persons wishing to speak on any agenda item must register
with the County administrator prior to presentation of the agenda item
to be addressed. Individual speakers will be limited to 5 minutes on
any item. The selection of an individual to speak on behalf of an
organization or group is encouraged. If recognized by the Chairman, a
spokesperson for a group or organization may be allotted 10 minutes to
speak on an item.
Persons wishing to have written or graphic materials included in
the Board agenda packets must submit said material a minimum of 3 weeks
prior to the respective public hearing. In any case, written materials
intended to be considered by the Board shall be submitted to the
appropriate County staff a minimum of seven days prior to the public
hearing. All material used in presentations before the Board will
become a permanent part of the record.
Any person who decides to appeal a decision of the Board will need
a record of the proceedings pertaining thereto and therefore, may need
to ensure that a verbatim record of the proceedings is made, which
record includes the testimony and evidence upon which the appeal is
based.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
TOM HENNING, CHAIRMAN
DWIGHT E. BROCK, CLERK
By: IS/Ann Jennejohn, Deputy Clerk
Ann P. Jennejohn
8A
To:
Subject:
Georgia (E-mail)
Ordinance Re: Fishing On County Bridges
Georgia,
Please advertise the attached on friday, January 30, 2004.
Thank you,
Ann
u
u
Minutes & Records
ORD PROHIBmNG
BRIDGE FISHING...
ORD PROHIBmNG
BRIDGE FISHING...
1
Ann P. Jennejohn
SA
From:
Sent:
To:
Subject:
postmaster@clerk.collier.fl.us
Friday, January 09, 2004 2:35 PM
Ann P. Jennejohn
Delivery Status Notification (Relay)
r~ B
AlT491588.txt Ordinance Re:
Fishing On Count...
This is an automatically generated Delivery Status Notification.
Your message has been successfully relayed to the following recipients, but the requested
delivery status notifications may not be generated by the destination.
legals@naplesnews.com
1
Ann P. Jennejohn
e r,.
~".. <.., /."
P' C ~"i_I.'
i: 1 "
From:
Sent:
To:
Subject:
System Administrator [postmaster@naplesnews.com]
Friday, January 09, 2004 2:23 PM
Ann P. Jennejohn
Delivered: Ordinance Re: Fishing On County Bridges
fCA/
L:::J
Ordinance Re:
Fishing On Count...
<<Ordinance Re: Fishing On County Bridges>> Your message
To: Georgia (E-mail)
Subject: Ordinance Re: Fishing On County Bridges
Sent: Fri, 9 Jan 2004 14:33:43 -0500
was delivered to the following recipient(s):
legals on Fri, 9 Jan 2004 14:22:31 -0500
1
Ordinance Re: Fishing On County Bridges
Page I of 1
Ann P. Jennejohn
8A
From: legals [Iegals@naplesnews.com]
Sent: Friday, January 09,20042:26 PM
To: Ann P. Jennejohn
Subject: RE: Ordinance Re: Fishing On County Bridges
rcvd
to run 1/30
thanks
georgia
-----Original Message-----
From: Ann P. Jennejohn [mailto:Ann.Jennejohn@c1erk.collier.fl.us]
Sent: Friday, January 09, 2004 2:34 PM
To: Georgia (E-mail)
Subject: Ordinance Re: Fishing On County Bridges
Georgia,
Please advertise the attached on Friday, January 30, 2004.
Thank you,
Ann
Minutes & Records <<ORD PROHIBITING BRIDGE FISHING. doc>>
PROHIBITING BRIDGE FISHING .doc>>
<<ORD
1/9/2004
Naples Daily News
Naples, FL 34102
Affidavit of Publication
Naples Daily News
--------------------------------------------------+---------------------------
BOARD OF COUNTY COMMISSIONERS
CHERI LEFARA
PO BOX 413016
NAPLES FL 34101-3016
REFERENCE: 001230
58785904
101163630649
NOTICE OF INTENT TO
State of Florida
County of Collier
Before the undersigned authority, personally
appeared B. Lamb, who on oath says that she serves
as Assistant Co~orate Secretary of the Naples
Daily News, a dally newspaper published at Naples,
in Collier County, Florida: that the attached
copy of advertising was published in said
newspaper on dates listed.
Affiant further says that the said Naples Daily
News is a newspaper published at Naples, in said
Collier County, Florida, and that the said
newspaper has heretofore been continuously
published in said Collier County, Florida, each
day and has been entered as second class mail
matter at the post office in Naples, in said
Collier County, Florida, for a period of 1 year
next preceding the first publication of the
attached copy of advertisement; and affiant
further says that she has neither paid nor
promised any person, firm or corporation any
discount, rebate, commission or refund for the
purpose of securing this advertisement for
publiction in the said newspaper.
PUBLISHED ON: 01/30
NOTICE OF
INTENT TO
CONSIDER ORDINANCE
Notlee Is hereby given
that on TUesday, Febru.
ary 10, 2004. In the
Boardroom. 3rd Floor'j
Administration Building.
Collier County Govern.
men} Center, 3301 East
Tam ami Trail. Naples,
Florida, the Board of
County CommissIoners
will c:onslder the enac:t.
ment of a COl,lnty Crdl.
M/IIltl. The meeting will
eommenee at 9:00 'A.M.
The title of the pro.
posed Ordlnanee is as
follows:
REOUEST THE BOARD
APPROVE AN ORDI.
~sM~'JeD~~lm
BRIDG-ES Wn'ftlN COL.
LIER COUNTY. WHICH
ORDINANCE At.$O (1) D1~
RlCTSTliE COUNTY AD.
MINISTRATOR TO PO$'\'
t:rRfS~~'\,1}I.l~~Nfi;d
COUNTY ADMINISTRA.
TOR TO OETE.RMINE
THOSE OTHER COUNTY
BRIDGES UPON WHICH
FISHING OUGHT TO BE
PROHIBITEDi. (3) PRO.
VI&ES FOR t'ENAL TIES
FOR VIOLATION OF THE
ORDINANCE; (4) I)IRECTS
THAT THE ORDINANCE
BE INTERPRETED CON.
SISTENT WITH F.S.:
316.1305.1. FISHING FROM
STATE KOAD IIRIOGES;
(5) RlPEAL5. AND SUPER.
CEDES RESOLUTION
2002-204, WHICH ESTAB.
L1SHED A FISHING PRO.
HI8ITION fROM BRIDGE
NO 030210; (6) PROVIDES
FOR THE INCLUSION IN
THE COLLIER COUNTY
CODE OF LAWS AND OR-
DINANCES: AND (7) PRO-
VIDES FOR AN EFFEC-
T1VEDATE.
AD SPACE: 138.000 INCH
FILED ON: 01/30/04
--------------------------------------------------+---------------------------
Signature of Affiant ~-y. ~
/ ...--
Sworn to and Subscribed before me this 0:2 day of ~ 20 0 if
Personally known by me ~-L~ &_VjJ~'(J'
."~~f.~:'f~;;.. Harriett Bushong
f~~~"b.\~'" MY COMMISSION # DD234689 EXPIRES
~.:.~.:.i July 24 2007
'~r;;~ .,,'$.-- BONDED THRU TROY f'AIN INSURANCE, INC.
"IHII\l\
8A
II
Co~les of the proposed
Or.dlnance are on file
with the Clerk to the
Board and are avallab.le
fllr Il)JpeCt;ion. All Inter-
ested parties are Invited
to attend and be heard.
NOTE: All persons wish.
Ingto speak on any
agenda Item mU$t regls.,
ter with the County ad-
ministrator frlor to pre-
sentation 0 the agllllda
It~m to be addressed.
Individual speakers will
be limited to S mln4tes
on any Item. The selec.
tlon of an Individual to
speak on behalf of an
organization or group Is
encouraged. If reeog.
nlzed by the Chairman,
a spOkesperson for a
group or organization
may b& allotted 10 min-
utes to speak on an
Item. '
Persons wishing t.o
have written or graphic
materials Included In
the8oa1'C/ ageFK!a.~
ets must submit said
material a minimum of 3
weeks prior. to the reo
spec:tlve public hearing.
In any case. written ma-
terials Intended to be
~I~s~~t~
the appropriate County
staff a minimum of sev.
en days prior to the
public hearing. All ma-
terial used In. pre$enta.
tions before the Board
will become a. perma-
nent part of the record.
Any person who decid-
es to appeal a decision
of the Board will need a
record of the proceed.
ings pertaining thereto
and therefore. may
need to ensure that a
verbatim record of the
proeeedlrfgs Is made. I
whleh reeord Includes
the testimony and evl.
denee upon which the
appeal Is based.
BOARD OF COUNTY
COMMISSIONERS
COLLIER COU'NTV,
FLORIDA
~ HENNING. CHAIR-
gL~J~HT E. BROCK,
By: Isl Ann JenneJohn.
=r Clerk___._.
Jan. 30 No. 4S0630
COLLIER COUNTY FLORIDA
REQUEST FOR LEGAL ADVERTISING OF PUBLTr" HEARINGS
~,
To: Clerk to the Board: Please place the following as "'a:
~t
xxx Normal Legal Advertisement C Other:
(Display Adv., location, etc.)
*****************************************************************~****************** --
Originating Dept/ Div: Comm.Dev.Serv./Planning Person: Fred Reischl ~ Date: 7 -c?->'- 0 .3
Petition No. (If none, give brief description): PUD2;-2002-AR-31 58, Coconilla PUD
Petitioner: (Name & Address): RW A, Inc., Robert J. Mulhere, AICP, 3050 N. Horseshoe Dr., Suite 270, Naples, Fl.
34104
Name & Address of any person(s) to be notified by Clerk's Office: (If more space is needed, attach separate sheet)
EcoVenture Wiggins Pass, Ltd, 601 Baysbore Blvd. Suite 960, Tampa, Fl. 33606
Hearing before XX BCC C BZA C Other
~ 1/2,1/tJf
Requested Hearing date: 16/18163 based on advertisement appearing .!2..days before hearing.
Newspaper{s) to be used: (Complete only if important):
xxx Naples Daily News
C Other
C Legally Required
Proposed Text: (Include legal description & common location & Size: PUDZ-2002-AR-3158, Robert J. Mulhere,
AICP, of RWA Inc. and Richard D. Yovanovich, Esquire, of Goodlette Coleman & Johnson, representing Eco Venture
Wiggins Pass Ltd. requesting to rezone a 10.45 acre parcel from C-4 to a Residential Planned Unit Development (PUD)
be known as Coconilla to allow for: a maximum of 112 residential units on +/- 9.65 acres of residential
development area for a resulting density of 11.6 dwelling units per acre, specifically including a 102 unit tower at a
building height not to exceed 21 stories over parking (maximum of 225 feet above the required Flood Elevation and in
accordance with the provisions of Section 2.6.3.1 of the Collier County LDC), 10 town home units, and a marina basin
with 52 boat slips and customary accessory uses, including a publicly accessible ship's store and marine fueling station
of approximately 5000 square feet of commercial space; and, a +/- 0.80 acre Public Use tract providing for additional
public vehicle and boat trailer parking to provide: support for Cocohatchee River Park, access to the marina ship's store,
and egress to Vanderbilt Drive for park patrons to allow for safe egress via a protected northbound turning movement at
existing traffic signal at Wiggins Pass Road and Vanderbilt Drive for property located on Vanderbilt Drive, at the
western terminus of Wiggins Pass Road in Section 17, Township 48 South, Range 25 East.
.
Does Petition Fee include advertising cost? eYes
costs:
113-138312-649110
C No If Yes, what account should be charged for advertising
Reviewed by:
~t~
Approved by:
~/;1 /n~
'Date County Manager
DISTRIBUTION INSTRUCTIONS
A. For hearings before BCC or BZA: Initiating person to complete one copy and obtain Division Head approval
before submitting to County Manager. Note: If legal document is involved, be sure that any necessary legal
review, or request for same, is submitted to County Attorney before submitting to County Manager. The
Manager's office will distribute copies:
C County Manager agenda file: to C Requesting Division C Original Clerk's Office
B. Otber hearings: Initiating Division head to approve and submit original to Clerk's Office, retaining a copy for file.
****************************************************************************************
Date
FOR CLERK'S OFFICE USE ONLY:
" f30fo3
Date Received:
Date of Public hearing:
l zJt:t63 Date Advertised:
! - .) 7 oJrl
c2./o -Ot.{
uItbfo5
-1" . '1
ld/u
I . ;;tS - 01.(
ORDINANCE NO. 03-
AN ORDINANCE AMENDING ORDINANCE NUMBER 91-102 THE
COLLIER COUNTY LAND DEVELOPMENT CODE WHICH
INCLUDES THE COMPREHENSIVE ZONING REGULATIONS 'FOR
THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA
BY AMENDING THE OFFICIAL ZONING ATLAS MAP NUMBERED
8517N BY CHANGING THE ZONING CLASSIFICATION OF THE
HEREIN DESCRrBED REAL PROPERTY FROM "C-4" GENERAL
COMMERCIAL DISTRICT TO "PUD" PLANNED UNIT
DEVELOPMENT KNOWN AS COCONILLA PUD LOCATED ON
VANDERBILT DRIVE (C.R.# 901), AT THE WESTERN TERMINUS
OF WIGGINS PASS ROAD (C.R.# 888), IN SECTION 17, TOWNSHIP
48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA,
CONSISTING OF 10.45 ACRES; AND BY PROVIDING AN
EFFECTIVE DATE.
-
<oc
.~ ~:\~
',:-'... o. ~;:.t.!\
,
---
WHEREAS, Robert J. Mulhere, AICP, of RWA Inc., representing EcoVenture Wiggins Pass, Ltd,
petitioned the Board of County Commissioners to change the zoning classification of the herein described
real property.
NOW, THEREFORE BE IT ORDAINED by the Board of County Commissioners of Collier
County, Florida, that:
SECTION ONE:
The zoning classification of the herein described real property located in Section 17, Township 48
South, Range 25 East, Collier County, Florida, is changed from from "C-4" General Commercial
Zoning District to "PUD" Planned Unit Devf:'lopment Zoning District in accordance with the Coconilla
PUD Document, attached hereto as Exhibit "A" and incorporated by reference herein. The Official Zoning
Atlas Map numbered 8517 N, as described in Ordinance Number 91-102, the Collier County Land
Development Code, is hereby amended accordingly.
SECTION TWO:
This Ordinance shall become effective upon filing with the Department of State.
PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County,
Florida, this
day of
,2003.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
ATTEST:
DWIGHT E. BROCK, CLERK
BY:
TOM HENNING, CHAIRMAN
Approved as to Form
and Legal Sufficiency
Marjorie M. Student
Assistant County Attorney
PUDZ-02-AR-3I 58FR/lo
-1-
COCONILLA
A
PLANNED UNIT DEVELOPMENT
REGULATIONS AND SUPPORTING MASTER
PLAN GOVERNING COCONILLA, A PLANNED
UNIT DEVELOPMENT (PUD), PURSUANT TO
PROVISIONS OF THE COLLIER COUNTY LAND
DEVELOPMENT CODE, ORDINANCE 91-102, AS
AMENDED.
PREPARED FOR:
ECO VENTURE WIGGINS PASS, LTD.
601 BA YSHORE BOULEVARD, SUITE 960
TAMPA, FL 33606
PREPARED BY:
ROBERT J. MULHERE, AICP
llWT ANC
CONSULTING
..a..... y y..L .....
3050 NORTH HORSESHOE DRIVE, SUITE 270
NAPLES, FL 34104
DATE REVIEWED BY CCPC
DATE APPROVED BY BCC
ORDINANCE NUMBER
AMENDMENTS AND REPEAL
DOCUMENT DATE
EXHIBIT "A"
G:ICurrenllReischl\PUDlCoconillalCoconilla PUD 9.18-03 clean. doc
~c
...~
r~f" ,..
.
--
INDEX
PAGE
List of Exhibits and Tables 11
Statement of Compliance III
SECTION I Property Ownership & General Description 1.1
SECTION II Project Development 2.1
SECTION ill Residential "R" Development Tract 3.1
SECTION IV Public Use "P" Tract 4.1
SECTION V Marina Basin "M" Tract 5.1
SECTION VI General Development Commitments 6.1
1
G:\Current\ReischN'UDlCoconilla\Coconilla PUD Y-\ 8-03 clean.doc
--~. r.
',,-~
.,&;
LIST OF EXHIBITS AND TABLES
__' ;1"""="--, -1")
'; f
EXHffiIT "A"
Planned Unit Development Master Plan
EXHffiIT "B"
Legal Description
TABLE I
Land Use Summary
TABLEll
Development Standards
11
G:ICurrcnl\ReischIlPUDlCoconi11aICoconiUa PUD 9.18-03 clean.doc
,,,\
\/~~1 '~J:..,-. ~.
'. \
.....
f,~~~'~' :~~
STATEMENT OF COMPLIANCE
~> I~.'
~
.' ~
~JJ
The Proposed Planned Unit Development (PUD) provides for the development of approximately 10.45 ::!:
acres of property in Collier County to be known as Coconilla PUD and allowing for up to 112 residential
units in a 102 unit residential tower building and 10 town home units, with customary accessory uses
including up to 20 cabanas; a marina building; and a marina basin with 52 boat slips (Project). The
Project will comply with and further the goals, objectives, and policies of Collier County as set forth in
the Collier County Growth Management Plan (GMP). Coconilla PUD will be consistent with the
applicable elements of the GMP for the following reasons:
I. Traffic ways, utilities, and other public facilities necessary to serve the Coconilla Project are
adequate. The project will participate in the expansion of existing public facilities to the extent
of its impact on those facilities via payment of impact fees.
2. The Coconilla Project will be compatible with and complimentary to existing and planned land
uses in the vicinity. The Project lies in a waterfront area, which includes significant high-rise
multi-family development.
3. The subject property's location in relation to existing or proposed community facilities and
services permits the Project's residential density as described in Objective 2 of the Future Land
Use Element (FLUE) and further authorized by the Conversion of Commercial Zoning Policy set
forth in the Density Rating system of the FLUE.
4. The Project's is compatible with and complementary to existing and future surrounding land uses
as required in Policy 5.4 of the FLUE.
5. Under the FLUE Density Rating System, as an incentive to convert commercial zoning which is
not consistent with the locational requirements set forth in the FLUE, a density bonus of up to 16
units per acre may be granted for conversion of such vested commercially zoned properties from
commercial to residential use. The project must be compatible with the surrounding land uses.
The subject property, located on Cocohatchee Bay with direct access to the Gulf of Mexico, is
immediately adjacent to and compatible with the Cocohatchee Bay PUD zoning to the north,
west, and east across Vanderbilt Drive. This PUD allows high-rise residential development
adjacent to the subject property and golf course development to the east across Vanderbilt Drive.
The County Park and the Pelican Isle Yacht Club Marina and Residential Towers are located to
the south of the subject property. The allowable uses are compatible with adjacent and nearby
uses. For purposes of calculating the gross residential density it is necessary to exclude the 0.8
acre public use tract. Thus the area, which is eligible for density calculation, is 9.65 acres,
resulting in a gross density of 11.6 dwelling units pre acre, below the allowable maximum of 16
units per acre.
6. Improvements are planned to be in compliance with applicable sections of the Collier County
Land Development Code (LDC) as set forth in Objective 3 of the FLUE.
7. The Project will result in an efficient and economical allocation of community facilities and
services consistent with Objective 3 of the FLUE and its attendant Policies.
8. The Project is planned to protect the functioning of natural drainage features and natural
groundwater aquifer recharge areas as described in Objective 1.5 of the Drainage Sub-Element of
the Public Facilities Element.
9. All final local development orders for this Project are subject to the County's Concurrency
Management requirements as set forth in the Transportation Element and implemented through
Division 3.15, Adequate Public Facilities, of the LDC.
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SECTION I
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PROPERTY OWNERSHIP & GENERAL DESCRIPTION
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1.1 PURPOSE
The purpose of this Section is to set forth the location and ownership of the property, and to
describe the existing conditions of the property proposed to be developed under the project name
of Coconilla.
1.2 LEGAL DESCRIPTION
The subject parcel is located in Section 17, Township 48 South, Range 25 East, Collier County,
Florida. See PUD Exhibit "B" for a full legal description.
1.3 PROPERTY OWNERSHIP
The subject property is owned by Wiggins Pass Marina Co. Inc., a Florida Corporation.
1.4 GENERAL DESCRIPTION OF PROPERTY AREA
A. The subject property is located on Vanderbilt Drive (C.R. 901) at the terminal point of
Wiggins Pass Road (C.R. 888), in Section 17, Township 48 South, Range 25 East, Collier
County, Florida. The lands to the north and west of the subject property are zoned
Planned Unit Development (PUD); specifically, these lands are a part of the Cocohatchee
Bay PUD. Lands directly to the east of Wiggins Pass Marina are part of the Vanderbilt
Drive Right-of-Way. Across Vanderbilt Drive, further to the east, the property is also
part of the Cocohatchee Bay PUD. To the southwest of the property is the Cocohatchee
Bay. To the south is the Cocohatchee River Park (formerly known as Conklin Point),
maintained by Collier County Parks and Recreation. This property is zoned "P", Public
Use.
B. The zoning classification of the project prior to approval of this PUD document was C-4.
1.5 PHYSICAL DESCRIPTION
A. The site is generally flat, ranging in elevation from 0.0 feet NGVD at the Cocohatchee
Bay to approximately 9.48 feet NGVD. The uplands generally range from 5.06 feet
NGVD to 9.48 feet NGVD. The site lies within Flood Zone AE (EL 12 feet) according to
Flood Insurance Rate Map (FIRM) Map Community 120067, Panel 0187 E, dated August
3, 1992.
B. The Project lies within South Florida Water Management District No.6. Drainage from
the property will discharge into Cocohatchee Bay after pre-treatment.
C. Soil types within the Project include: Aquents complex, consisting of urban land and soil
materials that have been dug from different areas of the county and spread over muck
soils (such as those which historically existed on the site) as fill material; and, Holopaw-
Basinger complex, consisting of urban land and fine sands and sandy loams to a depth of
at least 80 inches.
1.1
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1.6
PROJECT DESCRIPTION
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The Project will consist of up to 112 residential units in a 102 unit residential tower building and
10 town home units, a gatehouse, a marina building and a marina basin with 52 boat slips,
internal roadways, guest and service parking areas, water features and detention areas, off-site
turn lanes on Vanderbilt Drive and associated on-site underground infrastructure, and typical
associated accessory uses. Residential and recreational uses are designed to be harmonious with
one another in a natural setting by using common architectural themes, appropriate screening and
buffering, and open space.
1.7 SHORT TITLE
This Ordinance shall be known and cited as the "COCONILLA PLANNED UNIT
DEVELOPMENT ORDINANCE."
1.2
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SECTION II
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PROJECT DEVELOPMENT
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2.1 PURPOSE
The purpose of this Section is to generally describe the plan of development, the relationships to
applicable County ordinances, the respective land uses included in the Project, as well as other
project relationships.
2.2 GENERAL
A. Development of Coconilla PUD shall be in accordance with the contents of the PUD
document and applicable sections of the LDC and GMP in effect at the time of issuance
of any development order to which such regulations relate such as, but not limited to,
final subdivision plat, final site development plan, excavation permit, and preliminary
work authorization. Where the regulations set forth in this PUD fail to provide
developmental standards, then the provisions of the most similar district in the LDC shall
apply. Deviations from the provisions of the LDC (or any other applicable Collier County
Code) are set forth under Section 2.3 of this PUD document and, where applicable,
denoted on the PUD Master Plan.
B. Unless otherwise noted, the definitions of all terms shall be the same as the definitions set
forth in the LDC in effect at the time of building permit application.
C. All conditions imposed and all graphic material presented depicting restrictions for the
development of the Coconilla PUD shall become part of the regulations, which govern
the manner in which the PUD site may be developed.
D. Unless modified, waived, or excepted by this PUD and identified under Section 2.3 of
this Document, the provisions of the LDC, where applicable, remain in full force and
effect with respect to the development of the land that comprises this PUD.
E. Development permitted by the approval of this Petition will be subject to a concurrency
review under the provisions of Division 3.15, Adequate Public Facilities, of the LDC at
the earliest or next to occur of final SDP approval, final plat approval, or building permit
issuance applicable to this Project.
2.1
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.~._~
2.3 DESCRIPTION OF PROJECT PLAN AND PROPOSED LAND USES
The Project Master Plan is illustrated by Exhibit "A," the PUD Master Plan. The nature and
extent of land uses within the Project are indicated on Table 1.
COCONILLA
LAND USE SUMMARY
TABLE I
MAXIMUM LAND USE INTENSITY SUMMARY
USE MAX. D.U.'s I WETSLIPS ACRES
Residential "R" 158 +/- 5.65 acres
Marina "M" 52 +/- 4.00 acres
Public Use "P" N/A +/- 0.8 acres
Total 10.45
% of SITE
54.%
38%
8%
100%
Open Space
Landscaping
Detention Areas
Marina
Pool
Total Open Space
+/ - 3.4 acres
+/- 0.2 acres
+/- 4.0acres
+/- 0.15 acres
+/- 6.58 acres or 62.9%
Impervious Area
Pavement
Buildings
Sidewalks
Total Impervious
+/- 2.0 acres
+/- 0.5 acres
+/- 0.2 acres
+/- 2.7 acres or 37.02%
2.4 RELA TED PROJECT PLAN APPROVAL REQUIREMENTS
A. Prior to the recording of a record plat, and/or condominium plat for all or part of the
PUD, final plans for all required improvements shall receive approval of the appropriate
Collier County governmental agency to ensure compliance with the PUD Master Plan, the
LDC, and the platting laws of the State of Florida.
B. Exhibit "A," the PUD Master Plan, constitutes the required PUD Development Plan. Any
division of property and the development of the land shall be in compliance with Division
3.2 of the LDC, and the platting laws of the State of Florida.
2.2
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C.
The provlslOns of Division 3.3 of the LDC, when applicable, shall "ava C the
development of all platted tracts or parcels of land as provided in said Division prior to
the issuance of a building permit or other development order.
D.
Utility, road, public, and private easements shall be established as required during the
SDP and/or plat approval process.
F.
Appropriate instruments will be provided at the time of infrastructure improvements
regarding dedications and the method for providing perpetual maintenance of the
common facilities.
2.5 MODEL CENTER / SALES & CONSTRUCTION OFFICES
A temporary model/sales center, construction office, and other uses and structures related to
project constructing administration, promotion and sale of real estate such as, but not limited to,
pavilions, viewing platforms, gazebos, parking areas, tents, and signs, shall be permitted
principal uses in the Coconilla PUD, subject to the requirements of Section 2.6.33.4 and other
applicable sections of the LDC. A sales center may be permitted prior to final plat approval or as
part of a separate SDP, as provided in said Section 2.6.33.4.
2.6 AMENDMENTS TO PUD DOCUMENT OR PUD MASTER PLAN
Amendments may be made to the PUD as provided in the LDC, Section 2.7.3.5.
2.7 ASSOCIATION OF PROPERTY OWNERS FOR COMMON AREA MAINTENANCE
Common area maintenance will be provided by a master property owners' association. The
association is a legitimate alternative for the timely and sustained provision of quality common
area infrastructure and maintenance under the terms and conditions of County development
approval. For those areas not maintained by the Master Association, the applicant may create a
property owners' association(s) or condominium association(s), whose functions shall include
provision for the perpetual maintenance of such common facilities and open spaces. The master
or the property owners' association, as applicable, shall be responsible for the operation,
maintenance, and management of the surface water management systems and reserves serving
the Coconilla PUD, together with any applicable permits from the Florida Department of
Environmental Protection, U.S. Army Corps of Engineers, and South Florida Water Management
District.
2.8 DESIGN GUIDELINES AND STANDARDS
The Collier County Planned Unit Development (PUD) District is intended to encourage
ingenuity, innovation, and imagination in the planning, design and development of land under
unified ownership or control, as set forth in the Section 2.2.20.2.3 of the LDC. The subject site
will be developed in harmony with surrounding land uses and will be compatible, in terms of
architecture and land use with existing and proposed surrounding land uses. The site shall be
designed with a common architectural theme including enhanced and integrated building
architecture components, water features, landscape design, and entryway features. Moreover,
2.3
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building heights are limited to create a massing transition and incremental increase from~ C
lower existing adjacent residential development to the southwest to the taller approved residential
development to the north. Increased setbacks are provided from Vanderbilt Drive in order to
allow for innovative landscape buffers, and a pleasurable streetscape.
f'\;..;
2.9 GENERAL PERMITTED USES
Certain uses shall be considered general permitted uses throughout the Coconilla PUD. General
permitted uses are those uses that generally serve the applicant and residents and are typically
part of the common infrastructure or are considered community facilities.
A. General Permitted Uses:
1. Essential services as set forth under Section 2.6.9.1. of the LDC.
2. Water management facilities and related structures.
3. Lakes including lakes with bulkheads or other architectural or structural bank
treatments.
4. Guardhouses, gatehouses, and access control structures.
5. Recreational facilities such as pools, fitness & community centers, tennis courts,
and similar structures.
7. Temporary construction, sales, and administrative offices for the Applicant and
the Applicant's authorized contractors and consultants including necessary access
ways, parking areas, and related uses, subject to Section 2.6.33 of the LDC.
8. Landscape features including, but not limited to, landscape buffers, berms, fences,
water features, and walls, which shall be in accordance with the LDC in effect at
the time permits are requested unless otherwise specified herein.
9. Any other use, which is comparable in nature with the foregoing uses, consistent
with the permitted uses and purpose and intent statement of this PUD as
determined by the Board of Zoning Appeals.
B. Development Standards:
Unless otherwise set forth in this document, the following development standards shall
apply to structures associated with General Permitted Uses:
1. Setback from Vanderbilt Drive - Fifty feet (50'), except for:
a) Guardhouses/gatehouses, access control structures, and other structures
supporting water features, detention areas, or lakes such as bulkheads or walls,
which shall have no required setback; and
b) Temporary Construction Offices and Sales Facilities, which shall be set back a
minimum of thirty feet (30') from Vanderbilt Drive.
2.4
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2.
Setback from other exterior property lines - Twenty feet (20').
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.
3. Minimum distance between structures - Ten feet (10').
4. Minimum floor area - None required.
5. Sidewalks and/or bikepaths may be placed within County required buffers;
however, the width of the required buffer shall be increased proportionately to the
width of the paved surface of the sidewalk, bikepath, or cart path. The
interconnecting sidewalk from the Project to the Cocohatchee River Park is
specifically excluded from this provision to increase the landscape buffer based on
infringement into the landscape buffer set forth in Section 2.4.7.3.(4)b of the
LDC, due to the benefits provided to the Citizens of Collier County. .
6. Standards for parking, landscaping, signs and other land uses where such
standards are not specified herein, are to be in accordance with the applicable
LDC provisions in effect at the time of final plat or SDP Approval.
2.10 OPEN SPACES REQUIREMENTS
The Coconilla PUD will be required to provide a minimum of sixty (60) percent open space,
satisfying the open space requirements of Section 2.6.32 of the LDC.
2.11 NA TIVE VEGETATION RETENTION REQUIREMENTS
The site is developed and is void of native vegetation. Nevertheless, as part of the
redevelopment of the site authorized by this PUD, native vegetation landscape areas will be
provided in accordance with LDC requirements, thereby increasing the amount of vegetation
native to Southwest Florida through replanting.
2.12 LANDSCAPING REQUIREMENTS
In addition to the applicable requirements of Division 2.4 of the LDC, the following shall apply:
a) A perimeter berm along the Vanderbilt Drive frontage may be constructed in conformance
with Section 2.4.4 of the LDC.
b) A Type "D" landscape buffer with a minimum width of fifteen (15) feet shall be developed
along the Vanderbilt Drive frontage. The landscape buffer shall include development features
that provide for an attractive vista along the Vanderbilt Drive corridor, and may incorporate
detention areas, small fountains or other similar water features and an architecturally
designed wall. Such features shall be located ay least fifteen feet from the property line,
maintaining a minimum fifteen-foot wide planting area.
c) The width of required perimeter landscape buffers along the western and southern project
boundaries may be reduced as follows:
i) The required fifteen-foot (15') landscape buffer along the project's southern property
boundary may be reduced to ten feet (10'). Along this southern boundary, the project
abuts the County's Cocohatchee River Park. The PUD provided for a public use tract
along this boundary in order to provide for additional public vehicle and boat trailer
parking spaces in conjunction with the park, and also to provide for public access to the
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project's ships store and fueling operation. In order to maximize the number of ai~nal
vehicle and boat trailer spaces available to the public, the required width of the landscape
buffer between the Public Use Tract and the Residential and Marina Tracts shall be
reduce to a maximum of 10 feet. In addition, this 10 foot buffer shall meet the LDC
requirements for buffering between the Cochatchee River Park (Public Use zoned
property and the this PUD.
ii) The required landscape buffer along the portion of the property's western boundary
that is the marina basin shall be reduced from the required ten feet (10') to zero feet (0'),
a deviation from Section 2.4.7 of the LDC. Lands immediately adjacent to this portion of
the PUD are a mixture of uplands (FLUCCS Code 427 - Live Oak and Saw Palmetto)
and wetlands (FLUCCS Code 611 - Bay Swamp). These lands, while designated
Residential on the adjacent Cocohatchee Bay PUD are intended to be preserved lands,
will include meandering boardwalk through the wetlands and uplands preserve, and will
provide for a sufficient buffer area between the marina basin and any adjacent residential
development.
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d) Other than specifically indicated in paragraph 2.12 (c) above, all other landscape buffers shall
comply with the provisions in effect in the Collier County LDC, 91-102, as amended, at the
time of approval of site development plan.
8e
2.6
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SECTION III
8C
RESIDENTIAL "R" DEVELOPMENT TRACT
3.1 PURPOSE
The purpose of this Section is to establish land use regulations and development standards for the
residential development tract designated on Exhibit "A," the PUD Master Plan, as "R".
3.2 MAXIMUM DWELLING UNITS
The maximum number of dwelling units permitted within the PUD is 112. Excluding the Public
Use tract, the subject property contains a 9.65+/- acres resulting in a gross density of 11.6
dwelling units per acre.
3.3 GENERAL DESCRIPTION
The area designated as "R" on the PUD Master Plan is designed to accommodate 102 high-rise
multifamily residential and 10 multi-family "town home" dwelling units, recreational facilities,
essential services, and other customary accessory uses.
The approximate acreage is indicated on the PUD Master Plan. This acreage is based on
conceptual designs and is approximate. Actual acreage will be provided at the time of site
development plan or preliminary subdivision plat approvals in accordance with Division 3.3 of
the LDC. The Residential Tract "R" is designed to accommodate internal roadways, open spaces
and amenity areas, lakes, detention areas, and other water management facilities, and other
similar uses typically found in residential areas.
3.4 USES PERMITTED
A. Principal Uses
1. Multiple-family dwellings.
2. Off-site hauling of excess excavated fill materials during construction, subject to
approval of a Commercial Excavation Permit if required, consistent with the
provisions of the LDC.
B. Accessory Uses
1. Uses and structures customarily associated with principal uses permitted.
2. Recreational uses such as, but not limited to, clubhouse, fitness center, health spa,
tennis courts, swimming pools, or similar recreational uses.
3. Any other use, which is comparable in nature with the foregoing uses, consistent
with the permitted uses and purpose and intent statement of this PUD as
determined by the Board of Zoning Appeals.
3.1
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3.5
DEVELOPMENT STANDARDS
8
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A. Table II sets forth the development standards for land uses within the "R" Residential
Districts.
B. Standards for parking, landscaping, signs and other land uses, where such standards are
not specified within Table II or within the Coconilla PUD, are to be in accordance with
the LDC in effect at the time of site development plan_approval. Unless otherwise
indicated, required yards, heights, and floor area standards apply to principal structures.
DEVELOPMENT STANDARDS "R"
Multi- Family Dwellings
Minimum Lot Area N/A
Minimum Lot Width N/A
Setback for Principal Structures From Fifty percent (50%) of BH with a minimum of thirty-five feet (35') for
Exterior PUD Boundary 2 town homes, pavilion, and parking structure(s), except adjacent to
Vanderbilt Drive where the setback is seventy-five percent (75%) of
building height.
For l!enerallv permitted structures see Section 2.9 B.
Setbacks for Accessory Structure Ten feet (10') or equal to the amount required by the LDC or this PUD
Setback from Exterior PUD Boundary for the landscape buffer if ~reater than ten feet (10').
."2 Residential structures, Towers and Parking Structure - 20 feet
From Water
Marina related Structures - None
For generally permitted structures see Section 2.9B.
Maximum Building Height (BH) Tower Building: Building Heights shall transition from a maximum of
15 stores over parking, not to exceed 170 feet, for the southern tier of
the tower building, to a maximum of 18 stories over parking, not to
exceed 200 feet, for the middle tier, to a maximum of 2 1 stories over
parking, not to exceed 225 feet, for the northern tier, as identified on
the PUD master Plan.
All other structures: 50 feet.
Distance Between Principal Structures 0.25 SBH for residential towers, ten feet between town homes, and
twenty feet (20') between town homes and parking deck and/or
residential towers. I
Floor Area Min. (S.F.) l800 SF
COCONILLA
DEVELOPMENT STANDARDS FOR
TABLE II
BH:
SBH:
(Building Height): Building height is defined as set forth in Article 6 of the LDC.
(Sum of Building Height): Combined height of two adjacent buildings for the purposes of determining setback requirements.
2
Buildings will be designed with a common architectural theme, including building architecture, landscape design, signage. and
entryway features. Building separation requirement does not apply to parking decks.
Yards shall be measured as follows:
A. Where adjacent to Vanderbilt Drive. setback is measured from edge of right-of-way line.
B. Water front yards are measure from the seawall or bulkhead.
C. All other setbacks are measured from the exterior PUD boundary.
3.2
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SECTION IV
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PUBLIC USE "P" TRACT
4.1 PURPOSE
The purpose of this Section is to identify permitted uses for the public use areas within the
Coconilla PUD.
4.2 GENERAL DESCRIPTION
The Public Area occupies +/- 0.80 acres and provides for a publicly accessible marine fueling
facility, ship's store, a Chandler's Office, associated parking for the Chandler's Office and
parking for activities associated with the adjacent Cocohatchee River Park.
4.3 USES PERMITTED
No building or structure or part thereof shall be erected altered or used, or land used, in whole or
in part, for other than the following:
A. Principal Uses
I. Marina Fueling Facility
2. Ship's Store and Chandler's Office
3. Parking
3. Water Management Facilities
5. Off-site hauling of excess excavated fill materials, subject to approval of a
Commercial Excavation Permit consistent with the provisions of the LDC.
B. Accessory Uses
1. Customary accessory uses in support of uses permitted above.
2. Any other use, which is comparable in nature with the foregoing uses, consistent
with the permitted uses and purpose and intent statement of this PUD as
determined by the Board of Zoning Appeals.
4.4 DEVELOPMENT STANDARDS
A. Setback requirements for all structures shall be in accordance with Section 3.2.8.4.7.3.of the
Collier County LDC, as amended.
B. Maximum height of structures - Twenty-five feet (25').
C. Minimum distance between principal structures - Ten feet (10').
D. Minimum distance between accessory structures - Five feet (5').
E. Minimum setbacks:
1. From Cocohatchee Bay: None for both principal and accessory structures.
4.1
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2. From non-waterfront PUD or tract boundaries: 10 feet for both principal and
accessory structures.
F. Standards for parking, landscaping, signs, and other land uses where such standards are
not specified herein are to be in accordance with the LDC in effect at the time of SDP
approval. Unless otherwise indicated, required yards, heights, and floor area standards
apply to principal structures.
4.2
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SECTION V
8C
MARINA BASIN "M" TRACT
5.1 PURPOSE
The purpose of this Section is to identify permitted uses for the Marina Basin areas within the
Coconilla PUD.
5.2 GENERAL DESCRIPTION
The Marina Basin Area occupies +/- 4.0 acres and provides for up to 52 wet slips.
5.3 USES PERMITTED
No building or structure or part thereof shall be erected altered or used, or land used, in whole or
in part, for other than the following:
A. Principal Uses
1. Boat Docks.
2. Off-site hauling of excess excavated fill materials, subject to approval of a
Commercial Excavation Permit consistent with the provisions of the LDC.
B. Accessory Uses
I. Customary accessory uses in support of uses permitted above.
5.4 DEVELOPMENT STANDARDS
A. Setback requirements for all structures shall be in accordance with Section 3.2.8.4.7.3. of
the Collier County LDC, as amended.
B. Maximum height of structures - Twenty-five feet (25').
C. Minimum distance between principal structures - Ten feet (10').
D. Minimum distance between accessory structures - Five feet (5').
E. Minimum setbacks for Marina related structures:
1. From Cocohatchee Bay: None for both Principal and Accessory Structures
2. From non-waterfront PUD or tract boundaries: 10 feet for both Principal and
Accessory Structures
F. Standards for parking, landscaping, signs and other land uses where such standards are
not specified herein are to be in accordance with the Collier County LDC in effect at the
time of site development plan approval. Unless otherwise indicated, required yards,
heights, and floor area standards apply to principal structures.
5.1
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SECTION VI
8e
GENERAL DEVELOPMENT COMMITMENTS
6.1 PURPOSE
The purpose of this Section is to set forth the development commitments for the development of
the project.
6.2 GENERAL
All facilities shall be constructed in strict accordance with final site development plans, final
subdivision plats, and all applicable State and local laws, codes, and regulations applicable to this
PUD. Except where specifically noted or stated otherwise, the standards and specifications of
Division 3.2 of the LDC, shall apply to this project even if the land within the PUD is not to be
platted. The Applicant, his successor and assigns, shall be responsible for the commitments
outlined in this document.
The Developer, its successor or assignee, shall follow the Master Plan and the regulations of the
PUD as adopted, and any other conditions or modifications as may be agreed to in the rezoning
of the property. In addition, any successor, or assignee in title, is bound by the commitments
within this Document.
6.3 PUD MASTER PLAN
A. Exhibit "A," the PUD Master Plan, illustrates the proposed development and is
conceptual in nature. Proposed "Area," tract, lot, or land use boundaries, shall not be
construed to be specific, and may be adjusted during the platting or site development plan
approval process. Subject to the provisions of Section 2.7.3.5. of the Land Development
Code, PUD amendments may be made from time to time.
B. All necessary easements, dedications, or other instruments shall be granted to ensure the
continued operation and maintenance of all service utilities and all common areas in the
Project.
C. The following shall be considered mInor changes and refinements, subject to the
limitations set forth herein:
I. Minor reconfiguration of water features, lakes, ponds, marina basin boundaries,
and water retention or detention facilities, or other water management facilities
where such changes are consistent with the criteria of the South Florida Water
Management District and Collier County.
2. Minor reconfiguration of residential building areas.
6.1
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6.4
SCHEDULE OF DEVELOPMENTIMONITORING REPORT AND SUNSE;;Rf!3rQON t'
A. Initiation of construction on the Coconilla project is contemplated in calendar year 2003
with completion anticipated to occur in calendar year 2006.
B. Monitoring Report: An annual PUD monitoring report shall be submitted pursuant to
Section 2.7.3.6 of the Land Development Code. The monitoring report shall be
accompanied by an affidavit stating that representations contained therein are true and
correct.
C. The Coconilla PUD shall be subject to the Sunset Provisions of Section 2.7.3.4 of the
Land Development Code.
6.5 POLLING PLACES
Pursuant to Section 2.6.30. of the LDC, provision shall be made for the future use of space
within a common building for the purpose of accommodating the function of an electoral polling
place, should the Supervisor of Elections request such use.
An agreement shall be recorded in the official records of the Clerk of the Circuit Court of Collier
County, which shall be binding upon any and all successors in interest that acquire ownership of
such common areas including, but not limited to, condominium associations, homeowners'
associations, that such common facilities may be used for an electoral polling place if determined
to be necessary by the Supervisor of Elections.
6.6 TRANSPORT A TION
A. A gatehouse/limited access facility shall be permitted within the project's main entrance
area, but shall not be located so as to impede traffic flow (minimum 100 foot distance
from edge of pavement to stop-bar, and/or gate, along the flow of traffic) on Vanderbilt
Drive, nor shall such facilities be located within the Vanderbilt Drive Right-of-Way.
B. All traffic control devices and design criteria used shall be in accordance with the
Minimum Standards as adopted by the Florida Department of Transportation (FDOT) as
required by Florida Statutes - Chapter 316, Uniform Traffic Control Law.
C. Arterial level street lighting shall be provided at all development points of ingress and
egress. Said lighting must be in place prior to the issuance of the first permanent
Certificate of Occupancy (CO).
D. External and internal improvements determined by Collier County Transportation Staff to
be essential to the safe ingress and egress to the development will not be considered for
impact fee credits. All such improvements shall be in place prior to the issuance of the
first CO.
E. Road impact fees will be paid in accordance with the appropriate ordinances.
F. All median openings and driveway locations shall be in accordance with the LDC, and
Access Management Policy, as amended. Median access and control will remain under
the County's authority. The County reserves the right to
6.2
G:\CurrentIReischI\PUDICoconillaICoconilla PUD 9.18.113 clean. doc
8[;
modify or close all median openings that have been determined by Collier County staff to
have an adverse affect relevant to operational circulation, safety conditions, or concerns.
A median opening shall be preserved for emergency vehicle access to the subject
properties emergency vehicle entrance.
G. Nothing in any development order will vest the right of access over and above a right
in/right out condition. Neither will the existence of a point of ingress, egress and/or
median opening, nor the lack thereof, be the basis for any future cause of action for
damages against the County by the developer(s), its successor(s) in title, or assignee(s).
H. The Developer shall be responsible for the cost of a traffic signal system at any
development entrance(s), if a traffic signal system is ever determined as warranted and
approved by the County. If warranted, upon the completion of the installation,
inspection, bum in period, and final approval/acceptance of said traffic signal it will be
turned over (for ownership) to Collier County, and will then be operated and maintained
by Collier County Transportation Operations Department.
I. The development will be designed to promote the safe travel of all roadway users
including bicyclists, and will provide for the safety of pedestrians crossing said roadways.
Pedestrian travel ways will be separated from vehicular traffic in accordance with
recognized standards and safe practices, as determined by Collier County Staff.
J. All accesses and roadways not located within a County right-of-way will be privately
maintained by an entity created by the Applicant, its successors in title, or assigns. The
Applicant shall design and pay for any required road improvements to Vanderbilt Drive
that will provide access for the Project (this includes previously referenced turn lanes and
other improvements such as lighting). If these improvements are made prior to the
construction of the County's Vanderbilt Drive four-lane expansion project, the Applicant
shall pay the design and construction costs related to access for the Project for the
existing two-lane section of Vanderbilt Drive. Future four-lane expansion of Vanderbilt
Drive shall include the Project's access and shall be designed and paid for by the County
during the construction of Vanderbilt Drive. If these improvements are made after the
construction of the County's Vanderbilt Drive four-lane expansion project, the Applicant
shall pay all design and construction costs related to access for the Project.
K. The Application shall provide for a point of egress from the adjacent Cocohatchee River
Park through the Public Tract "P" to the main point of egress for the property and the
intersection improvements provided for in Item H above.
L. All work within Collier County right-of-way will meet the requirements of Collier
County Right-of-Way Ordinance.
6.8 UTILITIES
The development of this PUD Master Plan shall be subject to and governed by the following
conditions:
6.3
G:\Current\Reisch~PUD\Coconilla\Coconilla PUD 9.18.03 clean.doc
.~.~
I ~, :
. ,1
A. Water distribution, sewage collection, and transmission lines to serve the Project are to be
designed, constructed, conveyed, and/or owned and maintained in accordance with
Collier County Ordinance No. 01-57, as amended, and other applicable County rules and
regulations.
B. All customers connecting to the water distribution and sewage collection facilities to be
constructed will be customers of the County and will be billed by the County in
accordance with the County's established rates.
C. The onsite water distribution system serving the Project shall be connected to the
District's water main and must be consistent with the main sizing requirements specified
in the County's Water Master Plan and extended throughout the Project. During design
of these facilities, the following features shall be incorporated into the distribution
system:
1. Dead-end mains shall include dead-end flushing hydrants.
2. Stubs for future system interconnection with adjacent properties shall be provided
to the property lines of the Project at locations to be mutually agreed to by the
County and the Applicant during the design phase of the Project.
D. A water distribution system shall be constructed throughout the project development by
the Applicant pursuant to all current requirements of Collier County and the State of
Florida. Water facilities constructed within platted rights-of-way or within utility
easements, as set forth in Collier County Ordinance 01-57, shall be conveyed to the
County Water/Sewer District for ownership, operation and maintenance. All water
facilities constructed on private property and not required by the County to be located
within utility easements shall be owned, operated and maintained by the Applicant, his
assigns or successors.
E. All construction plans and technical specifications and proposed plats, if applicable, for
the proposed water system must be reviewed and approved prior to commencement of
construction.
F. A sewer distribution system shall be constructed throughout the project development by
the Applicant pursuant to all current requirements of Collier County and the State of
Florida. Sewer facilities constructed within platted rights-of-way or within utility
easements, as set forth in Collier County Ordinance 01-57, shall be conveyed to the
County Water/Sewer District for ownership, operation and maintenance. All sewer
facilities constructed on private property and not required by the County to be located
within utility easements shall be owned, operated and maintained by the Applicant, his
aSSIgns or successors.
G. All construction plans and technical specifications and proposed plats, if applicable, for
the proposed sewer system shall be reviewed and approved prior to commencement of
construction.
6.4
G:\Currenl\ReischI\PUDICoconiUa\Coconilla PUD 9-18.03 clean. doc
6.9
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The development of this PUD Master Plan shall be subject to and governed by the following
conditions:
-
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ENVIRONMENTAL
A. Environmental permitting shall be in accordance with the State of Florida Environmental
Resource Permit Rules and be subject to review and approval by Environmental Services
Staff.
B. An exotic vegetation removal, monitoring, and maintenance (exotic-free) plan for the site,
with emphasis on the conservation/preservations areas, shall be submitted to
Environmental Services Staff for review and approval prior to final site plan/construction
plan approval.
C. Petitioner shall comply with the guidelines and recommendations of the U.S. Fish and
Wildlife Service (USFWS) and Florida Fish and Wildlife Conservation Commission
(FFWCC) regarding potential impacts to protected wildlife species. Where protected
species are observed onsite, a Habitat Management Plan for those protected species shall
be submitted to Environmental Services Section staff for review and approval prior to
final site plan/construction plan approval.
D. This PUD shall be consistent with the "Environmental" section of the Collier County
GMP Conservation & Coastal Management Element and the Collier County LDC at the
time of final development order approval.
E. Pursuant to Policy 1O.1.6.d of the GMP, prepare hurricane plans for approval, which
describe measures to be taken to minimize damage to marina sites and neighboring
properties and the environment. This hurricane plan shall be reviewed and approved by
County staff prior to final site plan/construction plan approval.
F. Signage shall be posted at the marina to inform the residents that the dredging of the
Wiggins Pass system is based on a 3' draft design.
G. All approved agency (South Florida Water Management District [SFWMD], United
States Army Corps of Engineers [ACOE], and FFWCC) permits shall be submitted to
Environmental Services Staff prior to SOP approval.
H. Construction within the bald eagle secondary protection zone shall be limited to a
maximum height, not to exceed the height of eagle nest CO-019. However, any
construction greater than the height of the nest shall require written approval from the
USFWS and that shall become the maximum building height allowed.
I. The Coconilla PUD Bald Eagle Management Plan shall become a part of this PUD
document and any amendment to the Bald Eagle Management Plan shall require review
by the Environmental Advisory Councilor any successor body.
6.5
G:ICurrentlReischl\PUDlCoconillalCoconilla PUD 9.18.03 clean. doc
-
6.10 ENGINEERING
- Be
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A.
Detailed paving, grading, site drainage and utility plans shall be submitted to Engineering
Review Services for review. No construction permits shall be issued unless and until
approval of the proposed construction in accordance with the submitted plans is granted
by the Engineering Review Services.
It
B. Design and construction of all improvements shall be subject to compliance with all
applicable provisions of the Collier County LDC.
C. The Applicant, its successors and assigns, shall be required to satisfy the requirements of
all applicable County ordinances or codes in effect prior to or concurrent with any
subsequent development order relating to this site including site development plans and
any other application that will result in the issuance of a final or local development order.
6.11 WATER MANAGEMENT
A. An excavation permit shall be required for the proposed marma basin pursuant to
Division 3.5 of the LDC and SFWMD Rules.
B. The petitioner shall provide surface water management for Public Tract "P" within the
surface water management system.
6.12 HISTORICAL AND ARCHAEOLOGICAL
A. Pursuant to Section 2.2.25.8.1. of the LDC, if, during the course of site clearing,
excavation, or other construction activity a historic or archaeological artifact is found, all
development within the minimum area necessary to protect the discovery shall be
immediately stopped and the Collier County Code Enforcement Department contacted.
Resumption of construction activities shall be commenced immediately upon approval of
Collier County Code Enforcement Department, who shall provide for an expedited
review of issues surrounding said artifact.
6.13 ACCESSORY STRUCTURES
A. Accessory structures shall be constructed simultaneously with or following the
construction of the principal structure except that temporary sales buildings, trailers,
marketing facilities, contractors' storage and office facilities, and the like may be erected
and utilized during the period of Project development and marketing subject to Section
2.6.33 of the LDC. Such temporary buildings shall be removed upon completion of the
marketing or construction activity, to which they are accessory.
6.14 LANDSCAPING FOR OFF-STREET PARKING AREAS
A. All landscaping for off-street parking areas shall be in accordance with the Division 2.4
of the Collier County LDC in effect at the time of building permit application.
6.6
G:ICurrenllRec<;chIlPUDlCoconillaICoconilla PUD 9-18.03 clean.doc
6.16 PROVISION FOR OFF -SITE REMOVAL OF EARTHEN MATERIAL
~c
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A. The excavation of earthen material and its stockpiling in preparation of water
management facilities, the marina basin, or other water bodies is hereby permitted subject
to applicable sections of the LDC. If it is demonstrated that fill activities on the Project
site are such that there is a surplus of earthen material, then its offsite disposal is also
hereby permitted subject to the following conditions:
B. Excavation activities shall comply with the definition of a "development excavation"
pursuant to Division 3.5 of the LDC whereby off-site removal shall be limited to ten
percent (to a maximum of 20,000 cubic yards) of the total volume excavated unless a
commercial excavation permit is received.
C. All other provisions of Division 3.5 of the LDC are applicable.
6.7
G:ICurrentlReischllPUDICoconillalCoconilla PUD 9-18-03 clean.doc
Exhibit "B"
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COCONILLA LEGAL DESCRIPTION
A PARCEL OF LAND IN SECTION 17, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER
COUNTY, FLORIDA, DESCRffiED AS FOLLOWS:
BEGIN AT THE NORTHEAST CORNER OF THE SOUTHEAST 1A OF SAID SECTION 17;
THENCE ALONG THE EAST LINE OF SAID SECTION 17, S 00026'00" E
30.00' TO THE NORTHEAST CORNER OF CONKLIN POINT, A SUBDIVISION RECORDED IN PLAT BOOK 8,
PAGE 16, PUBLIC RECORDS, COLLIER COUNTY, FLORIDA;
THENCE ALONG THE NORTH LINE OF SAID CONKLIN POINT S 89016' 10" W 530.00 FEET;
THENCE LEAVING SAID NORTH LINE N 00026'00" W 30.00 FEET TO THE NORTH LINE OF THE SOUTHEAST 1.1.1
OF SAID SECTION 17;
THENCE ALONG THE NORTH LINE OF SAID SOUTHEAST 1.1.1 N 89016'10" E 530.00 FEET TO THE POINT OF
BEGINNING.
ALSO WITH
THE SE 1.1.1 OF THE SE 1.1.1 OF THE NE 1.1.1 OF SECTION 17, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER
COUNTY, FLORIDA. LESS AND EXCEPT A PORTION OF STATE ROAD 856-A, CONVEYED TO THE STATE OF
FLORIDA BY DEED DATED NOV. 5, 1959, RECORDED IN O.R. BOOK 52, PAGE 510, PUBLIC RECORDS OF
COLLIER COUNTY, FLORIDA, BEING MORE SPECIFICALLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE NE CORNER OF SAID SE 1.1.1 OF THE SE 1.1.1 OF THE NE lA, THENCE S 00027'30" E (ASSUMED
BEARING) ALONG THE EAST LINE OF SAID SECTION 17, A DISTANCE OF 493.91 FEET TO THE POINT OF
CURVATURE OF A CIRCULAR CURVE CONCAVED TO THE WEST HAVING A RADIUS OF 1860.08 FEET;
THENCE NORTHERLY ALONG THE ARC OF SAID CURVE THRU A CENTRAL ANGLE OF 7017'35" A DISTANCE
OF 236.77 FEET TO THE POINT OF TANGENCY; THENCE N 7045'05" W 150.41 TO THE POINT OF CURVATURE
OF A CIRCULAR CURVE CONCA VED TO THE EAST, HAVING A RADIUS OF 1960.08 FEET; THENCE
NORTHERLY ALONG THE ARC OF SAID CURVE, 108.75 FEET TO THE NORTH LINE OF SAID SE 1.1.1 OF SE 1.1.1 OF
NE 1.1.1; THENCE N 89003'18" E ALONG SAID LINE 44.95 FEET TO THE POINT OF BEGINNING.
CONTAINING 10.45 ACRES MORE OR LESS.
G:ICurrentIReischWUD\CoconillaICoconilla PUD 9.)8.03 c1ean.doc
.,
October 6, 2003
Attn: Georgia
Naples Daily News
1075 Central Avenue
Naples, Florida 34102
Re: PUDZ-2002-AR-3158, Coconilla PUD
Dear Georgia:
Please advertise the above referenced notice on Sunday, November 16, 2003, and kindly send the
Affidavit of Publication, in duplicate, together with charges involved, to this office.
Thank you.
Sincerely,
~~~
Trish Morgan,
Deputy Clerk
P.O.lAccount # 113-138312-649110
-
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NOTICE OF INTENT TO CONSIDER ORDINANCE
Notice is hereby given that on TUESDAY, DECEMBER 2, 2003, in the
Boardroom, 3rd Floor, Administration Building, Collier County
Government Center, 3301 East Tamiami Trail, Naples, Florida, the
Board of County Commissioners will consider the enactment of a County
Ordinance. The meeting will commence at 9:00 A.M. The title of the
proposed Ordinance is as follows:
AN ORDINANCE AMENDING ORDINANCE NUMBER 91-102, THE COLLIER
COUNTY LAND DEVELOPMENT CODE, WHICH INCLUDES THE COMPREHENSIVE
ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER
COUNTY, FLORIDA, BY AMENDING THE OFFICIAL ZONING ATLAS MAP
NUMBERED 8517N BY CHANGING THE ZONING CLASSIFICATION OF THE
HEREIN DESCRIBED REAL PROPERTY FROM "C-4" GENERAL COMMERCIAL
DISTRICT TO "PUD" PLANNED UNIT DEVELOPMENT KNOWN AS COCONILLA
PUD LOCATED ON VANDERBILT DRIVE (C.R. #901), AT THE WESTERN
TERMINUS OF WIGGINS PASS ROAD (C.R. #888), IN SECTION 17,
TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA,
CONSISTING OF 10.45 ACRES, AND BY PROVIDING AN EFFECTIVE DATE.
petition PUDZ-2002-AR-3158, Robert J. Mulhere, AICP, of RWA Inc. and
Richard D. Yovanovich, Esquire, of Goodlette, Coleman & Johnson,
representing Eco Venture Wiggins Pass Ltd. Requesting to rezone a
10.45 acre parcel from C-4 to a Residential Planned unit Development
(PUD) , to be known as Coconilla to allow for: a maximum of 112
residential units on +/- 9.65 acres of residential development area
for a resulting density of 11.6 dwelling units per acre, specifically
including a 102 unit tower at a building height not to exceed 21
stories over parking {maximum of 225 feet above the required Flood
Elevation and in accordance with the provisions of section 2.6.3.1 of
the Collier County LDC) , 10 town home units, and a marina basin with
52 boat slips and customary accessory uses, including a publicly
accessible ship's store and marine fueling station of approximately
5000 square feet of commercial space; and a +/- 0.80 acre Public Use
tract providing for additional public vehicle and boat trailer
parking to provide: support for Cocohatchee River Park, access to the
marina ship'S store, and egress to Vanderbilt Drive for park patrons
to allow for safe egress via a protected northbound turning movement
at existing traffic signal at Wiggins Pass Road and Vanderbilt Drive
for property located on Vanderbilt Drive, at the western terminus of
wiggins Pass Road in Section 17, Township 48 South, Range 25 East.
Copies of the proposed Ordinance are on file with the Clerk to the
Board and are available for inspection. All interested parties are
invited to attend and be heard.
,.--
NOTE: All persons wishing to speak on any agenda item must register
with the County administrator prior to presentation of the agenda
item to be addressed. Individual speakers will be limited to 5
minutes on any item. The selection of an individual to speak on
behalf of an organization or group is encouraged. If recognized by
the Chairman, a spokesperson for a group or organization may be
allotted 10 minutes to speak on an item.
8e
Persons wishing to have written or graphic materials included in
the Board agenda packets must submit said material a minimum of 3
weeks prior to the respective public hearing. In any case, written
materials intended to be considered by the Board shall be submitted
to the appropriate County staff a minimum of seven days prior to the
public hearing. All material used in presentations before the Board
will become a permanent part of the record.
Any person who decides to appeal a decision of the Board will need a
record of the proceedings pertaining thereto and therefore, may need
to ensure that a verbatim record of the proceedings is made, which
record includes the testimony and evidence upon which the appeal is
based.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
TOM HENNING, CHAIRMAN
DWIGHT E. BROCK, CLERK
By: Is/patricia L. Morgan, Deputy Clerk
(SEAL)
Dwight E. Brock
Clerk of Courts
~Gup.t~ _~feollier
CLERK OF THE CIRCUIT COURT
COLLIER COUNTY COURTHOUSE
3301 T AMIAMI TRAIL EAST
P.O. BOX 413044
NAPLES, FLORIDA 34101-3044
('i\i\
dL
Clerk of Courts
Accountant
Auditor
Custodian of County Funds
October 6, 2003
Robert J. Mulhere, AICP
RWA, Inc.
3050 N. Horseshoe Drive
Suite 270
Naples, FL 34104
Re: Notice of Public Hearing to consider Petition PUDZ-2002-AR-3158
Dear Mr. Mulhere:
Please be advised that the above referenced petition will be
considered by the Board of County Commissioners on Tuesday, December
2, 2003, as indicated on the enclosed notice. The legal notice
pertaining to this petition will be published in the Naples Daily
News on Sunday, November 16, 2003.
You are invited to attend this public hearing.
Sincerely,
DWIGHT E. BROCK, CLERK
~ ~~ 'be...
Patricia L. Morgan, Deputy Clerk
Enclosure
Phone-(239)732-2646
Website- www.clerk.collier.fl.us
Fax-(239) 775-2755
Email-collierclerk@clerk.collier.fl.us
Dwight E. Brock
Clerk of Courts
-.. ~
COUJ.lt~ ofeo~ier
CLERK OF THE CIRCUIT COURT
COLLIER COUNTY COURmOUSE
3301 TAMIAMI TRAIL EAST
P.O. BOX 413044
NAPLES, FLORIDA 34101-3044
irj
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Clerk of Courts
Accountant
Auditor
Custodian of County Funds
October 6, 2003
EcoVenture Wiggins Pass, Ltd.
601 Bayshore Blvd.
Suite 960
Tampa, FL 33606
Re: Notice of Public Hearing to consider Petition PUDZ-2002-AR-3158
Dear Petitioner:
Please be advised that the above referenced petition will be
considered by the Board of County Commissioners on Tuesday, December
2, 2003, as indicated on the enclosed notice. The legal notice
pertaining to this petition will be published in the Naples Daily
News on Sunday, November 16, 2003.
You are invited to attend this public hearing.
Sincerely,
DWIGHT E. BROCK, CLERK
~~~,b~
Patricia L. Morgan, Deputy Clerk
Enclosure
Phone-(239)732-2646
Web site- www.clerk.collier.ft.us
Fax-(239)775-2755
Email-collierclerk@clerk.collier.ft.us
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Patricia L. Morgan
To:
Subject:
Georgia (E-mail)
Advertising - PUDZ-2002-AR-3158
Jfi georgia,
PCease run tfie attacfied" ad" on Sund"ay, :Novem6er 16, 2003.
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774-8406
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PUDZ-2002-AR-315 PUDZ-2002-AR-315
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Patricia L. Mor~an
From:
Sent:
To:
Subject:
postmaster@clerk.collier.fl.us
Monday, October 06, 2003 11 :39 AM
Patricia L. Morgan
Delivery Status Notification (Relay)
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ATT248485.txt
Advertising -
'UDZ-2002-AR-315"rrc' 0 0 rr.. f r: ifi' 0
ow1S 1S an automattcatl) generateu. <Deavery Status :Notl cattOn.
ry'our message lias 6een successfu{[y refayea to the fo{fowing recipients, 6ut the requestea aefivery status notifications may not
6e genera tea 6y the aestination.
fegafs@napfesnews.com
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Patricia L. Morgan
From:
Sent:
To:
Subject:
System Administrator [postmaster@naplesnews.com]
Monday, October 06, 2003 11 :29 AM
Patricia L. Morgan
Delivered: Advertising - PUDZ-2002-AR-3158
B..,.
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Advertising -
'UDZ-2002-AR-315.. . .
<<jtcfvertmng - cpV([)Z-2002-JI<R.::3158>> rtour message
%: qeorgia (P.-maif)
Su6ject: JIcfvertising - cpV([)Z-2002-JI<R.::3158
Sent: :Mon, 6 Oct 200311:38:32 -0400
was cfeuverecf to the Joffowing recipient(s):
Cegars on :Mon, 6 Oct 2003 11:28:46 -0400
Advertising - PUDZ-2002-AR-3158
Eage I of I
Patricia L. Morgan
From: legals [Iegals@naplesnews.com]
Sent: Monday, October 06, 2003 11:41 AM
To: Patricia L. Morgan
Subject: RE: Advertising - PUDZ-2002-AR-
rcvd
to run novo 16
georgia
-----Original Message-----
From: Patricia L. Morgan [mailto:Patricia.Morgan@c1erk.collier.fl.us]
Sent: Monday, October 06, 2003 11:39 AM
To: Georgia (E-mail)
Subject: Advertising - PUDZ-2002-AR-3158
Jfi C)eorgUIJ
pfease run the attacfiecf acf on SuncfaYJ NovemGer 16J 2003.
rrfianl&J
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774-8406
<<PUDZ-2002-AR-3158.doc>> <<PUDZ-2002-AR-3158.doc>>
10/6/2003
NAPLES DAILY NEWS
Published Daily
Naples, FL 34102
Affidavit of Publication
State of Florida
County of Collier
Before the undersigned they serve as the authority, personally
appeared B. Lamb, who on oath says that they
serve as the Assistant Corporate Secretary of the Naples Daily,
a daily newspaper published at Naples, in Collier County,
Florida; distributed in Collier and Lee counties of Florida; that
the attached copy of the advertising, being a
PUBLIC NOTICE
in the matter of Public Notice
was published in said newspaper 1 time in the issue
on November 16th, 2003
Affiant further says that the said Naples Daily News is a newspaper
published at Naples, in said Collier County, Florida, and that the said
newspaper has heretofore been continuously published in said Collier
County, Florida; distributed in Collier and Lee counties of Florida,
each day and has been entered as second class mail matter at the post
office in Naples, in said Collier County, Florida, for a period of 1
year next preceding the first publication of the attached copy of
advertisement; and affiant further says that he has neither paid nor
promised any person, firm or corporation any discount, rebate,
commission or refund for the purpose of securing this advertisement for
publication in the said newspaper.
) f/
/lJ ' ,..------\
( Signature of affiant)
Sworn to and subscribed before me
This 18th day of November ,2003
(~~~,~~ture of notary public)
~";'f.'.'.fl',+:" Harriett Bushong
{~r ~';:a MY COMMISSION # DD234689 EXPIRES
,.,^.~..<'~ July 24, 2007
"{.9f..~~~"" BONDED THRlI TROY fAIN INSURANCE, INC
PUDZ'2002-AR-3158
NOTICE OF INTENT TO
CONSIDER ORDINANCE
Notice Is hereby given
that on TUESDAY, DE.
CEMBER 2..2003 In the
Boardroom 3rd Floor,
Administration Building,
Collier County Govern.
ment Center, 3301 East
Tamlaml Trail, Naples,
Florida, the Board of
County Commissioners'
will consider the enact.
ment of a 'County Ordl-'
. nance. TIle meetfng Willi
commence at 9:00 A.M.
The title of the proposed
Ordinance Is u fOllows: .
AN ORDINANCE AMEND. I
ING ORDINANCE NUM.
BER 91-102. THE COLLIER
COUNTY LAND DEVELOP-
MENT CODE. WHICH IN-
CL\JDES THE COMPRE-
HENSIVE ZONING REGU.,
LATIONS FOR THE UNIN.'
CORPORATED AREA OF
COLLIER COUNTY, FLORI.
DA.&. BY AMENOING THEi
OFrtCIAL ZONING ATLAS I
MAP NUMBERED 8517N'
IY CHANGING THE ZON.
ING ClA$SIFlCATlON OFi
TflE HEREIN1nSCRfaED
i REAL PROPERTY FROM
.C.4. GENERAL COM.
MEACIAL DISTRICT TO
.PUO. PLANNEO UNIT
DEVELOPMENT KNOWN
AS COCON:ILLA PUO LO.
CATED ON VANOI;RBILT
DRIVE (C.R. #901).1. AT
THE WESTERN TEieMI.
NUS OF WIGGINS PASS
ROAD (C.R. #888), IN
SECTION 17, TOWNSHIP
48 SOUTH, RANGE 26
EAST. COLLIER COUNTY
FLORIOA. CONSISTING
Of 10AS ACRES; AND BY
PROVIOING AN EFFEC.
TIVE DATE.
Petltlon PUDZ-2002.AR.
3158; Robert J. Mulhere.l
AlCP. of. RWA Inc. ana
Richard D. Yovanovlch,
ElIQulre. of Goodlette,
Coleman & Johnson.
representing Eco Ven-
ture WIggins Pass Ltd.
Requesting to rezooe a
10.45 acre' parcel from
C'4 to a ResidentIal
Planned U'nlt Develop.
ment (PUO). to h
known as Coconllla. to
allow for: a mulml.ln of
112 resk/entlal units on
+/. 9.65 ..cres of resl.
dentlal development
... for... resu~. deI'l-'
slty of 11.6 dw.eHl1\9
unlts per acre, lIPeclfl~
cally Including a 102 unit
tower at a .bulldlng
height not to ellCalld 21'
stories over park
(maximum of 22S fee
above the required
Flood Elevation and In
accordance with the
proviSions of SectIon
2.6.3.1 of the Collier
County LDC). 10 town
home units, and a mari-
na basin with 52 boat
slips and customary ac-
cessory uses, Including
a _publicly accessible
ship'S store. and marine
tuellngstatronof ap.'
prOXimately 5000 sQUIln!
feet of comm&rclal
space' and a +1- 0.80
acre Public Use tract
provldlna for addItIonal
public vehicle and boat
trailer parking to pro.
vide: support for Coco.
hatchet RIver Park, ac.
cess to the marina
Shi~S store and. egress
to anderbht Drtve for
par .patrons to allow
for safe earess via a
protected northbound
turning movement at
existing traffic signal at'
Wiggins Pus Road and
Vanderbilt Drive for
eroperty located on
anderbllt Drive, at the,
western termInus ofl
Wiggins Pass Road In,
SectIon 17. Township 48'
South,RlInge 25 East
Be
f~
""
Copies of the proposed
Ordinance are on file
with the Clerk to the
Board and are available
for Inspection. All Inter-
ested parties are invited
to attend and be heard.
NOTE: All persons wIsh-
Ing to speak on any
aginda Item must regis-
ter with the County ad.
mlnlstrator prior to pre-
sentation of the agenda
Item to be addressed.
Individual speakers will
be limited to 5 minutes
on anI( Item. The selec.
tlon of an Individual to
speak on behalf of an
oraanlzatlon or group Is
encouraged. If recog.
nlz.ed by the Chairman,
a spokesperson for al
grouP or. organIzation
Maybe 1lI1...Ued -ra-mtn-/
utes to speak on an
Item,
Persons wishing to
have written or graphIc
mate. rials IncluCled Inl
the Board agenda IIIlck-
etl must submit said
material a minimum of 3
weeks prior to the re-
spective publiC hearing.
In W case. written mil,.
terlals Intended to be
considered by the Board
shall be submitted to
the appropriate County
staff a minimum of sev.
en days prior to the
public lIearlng. All ma.
terlal used In presenta-
tions before the Board
will become a perma-
nent part of the record.
Any person who decides
to appeal a decision of'
the Board will need a reo
cord of the proceedings
pertainIng tllereto and
therefore. may need to
ensure that a verbatim
record of the proceed.
Ings Is made, which re-
cord Includes the testl.
mony and evIdence
upon which the appeal
IS bIlSed. '
BOARD OF COUNTY
COMMISSIONERS
COLLIER COUNTY,. FLORI-]
DA
~ HENNlt.i.G. CHAIR.I
g~~HiT E. BROCK,
By: IS/Patricia L. Mor.
gan, Deputy Clerk
(SEAL)
Nov. 16 No. 327042
Patricia L. Morganr-:'-_~""
From: (Martin, Cecilia' "
Sent: Monday, November 24;.20037:20 AM
To: Mii'lutesandRecol'ds
Cc: Reischl, Fred; Johnson, Connie
Subject: FW: Coconilla
_Be
i"'
'IFtis wi[[ /iave to 6e read'vertised' for tlie 1/27/04 13CC meeting as it wi[[ go past tlie 5 wee~ad'vertising requirement. PCease
ma~ a note to send'a~~~ of tlie ad' a'1!lf!a,d'av~t lfJlien it lias 6een processed' for tlite 1/27/04 meeting as tlie p:;.itio~
pa~. 'I'fza,,!~, . ..c ... ~.~... .... :.: :.. . <t:..... ... . .~.... - ......:=-;:
> ----7JRjji"lU1{ :Message-----
> Prom: reiscliCf
> Sent: Prid'ay, :Novem6er 21, 2003 3:05 P:M
> 7'0: SclimittJosepli
> Cc: jolinson_c; 6ed'tefyon_~ martin_c; o[d'liam_~ :Minutes and'C}?sconis;filson_s; 6rocILm
> Su6ject: Coconi[Ca
>
> J{iJoe
>
> I received' a v-mai[ from 1306 :Mu[liere requesti1l{j a continuance of tlie CoconiCCa prU(j) (3158)from tlie (j)ecem6er 2, 2003 13CC
meeti1l{j to tlie January 27, 2004 13CC meeting. I wier forward' a copy of tlie written request as soon as I receive it.
>
> '71ian~
> Pred'
>
> Pred'C}?siscli~ }lICP
> Principa[ PCanner
> 239-213-2921
> fred'reiscli[@colliergov.net <mai[to:fred'reiscli[@co[uergov.net>
>
>
Sunflower
Page I of 1
Patricia L. Morgan
r,
., ..1
l,
-!If
.. I
I
I
From: Martin, Cecilia
Sent: Thursday, October 02,20039:47 AM
To: Minutes and Records; Oldham, Laurie; Johnson, Connie; Koehler, Lisa; Bedtelyon, Linda; Brock, Mary;
Filson, Sue
Cc: Reischl, Fred
Subject: FW: Coconilla PUD
Mine and Fred's error. The BCC meeting will be on 1212nott2/9as there is no BCC
meeting for 12/9. Fred's mistake. Is this O.K. Trish?
-----Original Message-----
From: martin_c
Sent: Thursday, October 02, 20039:30 AM
To: Minutes and Records; oldham_I; johnson_c; KoehlerLisa; bedtelyonJ; brock_m; filson_s
Cc: reischU
Subject: FW: Coconilla PUD
Please note the new dates for the CCPC and BCC meeting for Cocinilla PUD - PUDZ-02-
AR-3158. The CCPC meeting will be 11/6 and the Bee meeting date will be 12/9.
Minutes and Records, please advertise per this E-mail for that date rather than the one
previously sent up for 10/28 BCC meeting and confirm. Thanks.
-----Original Message-----
From: reischU
Sent: Thursday, October 02, 2003 9:07 AM
To: martin_c
Subject: RE: Coconilla PUD
Yes, the CCPC date is continued from 10/2 to 11/6 and the BCC from 10/28 to 12/9
Thanks
Fred
-----Original Message-----
From: martin_c
Sent: Thursday, October 02, 2003 8:34 AM
To: reischU
Subject: Coconilla PUD
When you get back please verify this petition is being continued CCPC and BCC.
Thanks.
Ceci{ia Martin
Current p{anning
p{anning creek
403-2467
l[~XJ
101212003
November 24, 2003
Attn: Georgia
Naples Daily News
1075 Central Avenue
Naples, Florida 34102
Re: PUDZ-2002-AR-3158, Coconilla PUD
Dear Georgia:
Please advertise the above referenced notice, on Sunday, January II, 2004, and kindly send
the Affidavit of Publication, in duplicate, together with charges involved, to this office.
Thank you.
Sincerely,
Ann Jennejohn,
Deputy Clerk
P.O./Account # 113-138312-649110
(.C) (~J ~ rI
(. ') U r"'J
I,. ~ tlJ '
-
_..8e
NOTICE OF INTENT TO CONSIDER ORDINANCE
Notice is hereby given that on TUESDAY, January 27, 2004, in the
Boardroom, 3rd Floor, Administration Building, Collier County
Government Center, 3301 East Tamiami Trail, Naples, Florida, the
Board of County Commissioners will consider the enactment of a County
Ordinance. The meeting will commence at 9:00 A.M. The title of the
proposed Ordinance is as follows:
AN ORDINANCE AMENDING ORDINANCE NUMBER 91-102, THE COLLIER
COUNTY LAND DEVELOPMENT CODE, WHICH INCLUDES THE COMPREHENSIVE
ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER
COUNTY, FLORIDA, BY AMENDING THE OFFICIAL ZONING ATLAS MAP
NUMBERED 8517N BY CHANGING THE ZONING CLASSIFICATION OF THE
HEREIN DESCRIBED REAL PROPERTY FROM "C-4" GENERAL COMMERCIAL
DISTRICT TO "PUD" PLANNED UNIT DEVELOPMENT KNOWN AS COCONILLA
PUD LOCATED ON VANDERBILT DRIVE (C.R. #901), AT THE WESTERN
TERMINUS OF WIGGINS PASS ROAD (C.R. #888), IN SECTION 17,
TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA,
CONSISTING OF 10.45 ACRES, AND BY PROVIDING AN EFFECTIVE DATE.
petition PUDZ-2002-AR-3158, Robert J. Mulhere, AICP, of RWA Inc. and
Richard D. Yovanovich, Esquire, of Goodlette, Coleman & Johnson,
representing Eco Venture Wiggins Pass Ltd. Requesting to rezone a
10.45 acre parcel from C-4 to a Residential Planned Unit Development
(PUD) , to be known as Coconilla to allow for: a maximum of 112
residential units on +/- 9.65 acres of residential development area
for a resulting density of 11.6 dwelling units per acre, specifically
including a 102 unit tower at a building height not to exceed 21
stories over parking (maximum of 225 feet above the required Flood
Elevation and in accordance with the provisions of Section 2.6.3.1 of
the Collier County LDC) , 10 town home units, and a marina basin with
52 boat slips and customary accessory uses, including a publicly
accessible ship's store and marine fueling station of approximately
5000 square feet of commercial space; and a +/- 0.80 acre Public Use
tract providing for additional public vehicle and boat trailer
parking to provide: support for Cocohatchee River Park, access to the
marina ship's store, and egress to Vanderbilt Drive for park patrons
to allow for safe egress via a protected northbound turning movement
at existing traffic signal at Wiggins Pass Road and Vanderbilt Drive
for property located on Vanderbilt Drive, at the western terminus of
Wiggins Pass Road in Section 17, Township 48 South, Range 25 East.
Copies of the proposed Ordinance are on file with the Clerk to the
Board and are available for inspection. All interested parties are
invited to attend and be heard.
8e
"'~
NOTE: All persons wishing to speak on any agenda item must register
with the County administrator prior to presentation of the agenda
item to be addressed. Individual speakers will be limited to 5
minutes on any item. The selection of an individual to speak on
behalf of an organization or group is encouraged. If recognized by
the Chairman, a spokesperson for a group or organization may be
allotted 10 minutes to speak on an item.
Persons wishing to have written or graphic materials included in
the Board agenda packets must submit said material a minimum of 3
weeks prior to the respective public hearing. In any case, written
materials intended to be considered by the Board shall be submitted
to the appropriate County staff a minimum of seven days prior to the
public hearing. All material used in presentations before the Board
will become a permanent part of the record.
Any person who decides to appeal a decision of the Board will need a
record of the proceedings pertaining thereto and therefore, may need
to ensure that a verbatim record of the proceedings is made, which
record includes the testimony and evidence upon which the appeal is
based.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
TOM HENNING, CHAIRMAN
DWIGHT E. BROCK, CLERK
By: IS/Ann Jennejohn,
Deputy Clerk
(SEAL)
8e
i""" .
November 24, 2003
Robert J. Mulhere, AICP
RWA, Inc.
3050 N. Horseshoe Drive
suite 270
Naples, FL 34104
Re: Notice of Public Hearing to consider Petition PUDZ-2002-AR-3158
Dear Mr. Mulhere:
Please be advised that the above referenced petition will be
considered by the Board of County Commissioners on Tuesday, January
24, 2004, as indicated on the enclosed notice. The legal notice
pertaining to this petition will be published in the Naples Daily
News on Sunday, January 11, 2004.
You are invited to attend this public hearing.
Sincerely,
DWIGHT E. BROCK, CLERK
Ann Jennejohn,
Deputy Clerk
Enclosure
8e
:-"~
November 24, 2003
EcoVenture Wiggins Pass, Ltd.
601 Bayshore Blvd.
suite 960
Tampa, FL 33606
Re: Notice of Public Hearing to consider Petition PUDZ-2002-AR-3158
Dear Petitioner:
Please be advised that the above referenced petition will be
considered by the Board of County Commissioners on Tuesday, January
27, 2004, as indicated on the enclosed notice. The legal notice
pertaining to this petition will be published in the Naples Daily
News on Sunday, January 11, 2004.
You are invited to attend this public hearing.
sincerely,
DWIGHT E. BROCK, CLERK
Ann Jennejohn,
Deputy Clerk
Enclosure
Ann P. Jennejohn
To:
Cc:
Subject:
Georgia (E-mail)
Patricia L. Morgan
PUDZ -2002-AR-3158, Coconilla PUD
Hi Georgia,
Please advertise the attached on Sunday January 1" 2004.
Thank you & have a great day!!
Ann
Minutes & Records
~ ~
PUDZ-2002-AR-315 PUDZ-2002-AR-315
8(1).doc 8(1),doc
1
~
Be
,. ~~
I
~
Ann P. Jennejohn
8..G.. · I
From:
Sent:
To:
Subject:
postmaster@clerk.collier.f1.us
Monday, November 24, 2003 9:05 AM
Ann P. Jennejohn
Delivery Status Notification (Relay)
['~=_ff,",,!!,~~
~ B
ATr735943.txt PUDZ
12-AR-3158, Coconill
This is an automatically generated Delivery Status Notification.
Your message has been successfully relayed to the following recipients, but the requested
delivery status notifications may not be generated by the destination.
legals@naplesnews.com
1
8e
'''~
Ann P. Jennejohn
From:
Sent:
To:
Subject:
System Administrator [postmaster@naplesnews.com]
Monday, November 24, 2003 8:55 AM
Ann P. Jennejohn
Delivered: PUDZ -2002-AR-3158, Coconilla PUD
~.../1..
U
PUDZ
12-AR-3158, Coconill
<<PUDZ -2002-AR-3158, coconilla PUD>> Your message
TO:
Cc:
Subject:
Sent:
Georgia (E-mail)
patricia L. Morgan
PUDZ -2002-AR-3158, Coconilla PUD
Mon, 24 Nov 2003 09:05:09 -0500
was delivered to the following recipient(s):
legals on Mon, 24 Nov 2003 08:55:23 -0500
1
PUDZ -2002-AR-3158, Coconilla PUD
Ann P. Jennejohn
From: legals [Iegals@naplesnews.com]
Sent: Monday, November 24,20031 :18 PM
To: Ann P. Jennejohn
Subject: RE: PUDZ -2002-AR-3158, Coconilla PUD
rcvd
to run jan 11 '04
georgia
-----Original Message-----
From: Ann P. Jennejohn [mailto:Ann.Jennejohn@c1erk.collier.fl.us]
Sent: Monday, November 24, 2003 9:05 AM
To: Georgia (E-mail)
Cc: Patricia L. Morgan
Subject: PUDZ -2002-AR-3158, Coconilla PUD
Hi Georgia,
Please advertise the attached on Sunday January 11, 2004.
Thank you & have a great day!!
Ann
Minutes & Records
<<PUDZ-2002-AR-3158(1 ).doc>> <<PUDZ-2002-AR-3158(1).doc>>
11/2412003
Page I of 1
8L-'''~
January 7, 2004
Attn: Georgia
Naples Daily News
1075 Central Avenue
Naples, Florida 34102
Re: PUDZ-2002-AR-3158, Coconilla PUD
Dear Georgia:
Please advertise the above referenced notice on Sunday, January
11, 2004, and kindly send the Affidavit of Publication, in
duplicate, together with charges involved, to this office.
Thank you.
Sincerely,
Linda A. Houtzer
Deputy Clerk
P.O./Account # 113-138312-649110
8e
r~.,..'\i"l(~
NOTICE OF INTENT TO CONSIDER ORDINANCE
8e
pA'lf ~
.'
Notice is hereby given that on TUESDAY, January 27, 2004 in the
Boardroom, 3rd Floor, Administration Building, Collier County
Government Center, 3301 East Tamiami Trail, Naples, Florida, the
Board of County Commissioners will consider the enactment of a County
Ordinance. The meeting will commence at 9:00 A.M. The title of the
proposed Ordinance is as follows:
AN ORDINANCE AMENDING ORDINANCE NUMBER 91-102, THE COLLIER
COUNTY LAND DEVELOPMENT CODE, WHICH INCLUDES THE COMPREHENSIVE
ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER
COUNTY, FLORIDA, BY AMENDING THE OFFICIAL ZONING ATLAS MAP
NUMBERED 8517N BY CHANGING THE ZONING CLASSIFICATION OF THE
HEREIN DESCRIBED REAL PROPERTY FROM UC-4" GENERAL COMMERCIAL
DISTRICT TO UPUD" PLANNED UNIT DEVELOPMENT KNOWN AS COCONILLA
PUD LOCATED ON VANDERBILT DRIVE (C.R. #901), AT THE WESTERN
TERMINUS OF WIGGINS PASS ROAD (C.R. #888), IN SECTION 17,
TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA,
CONSISTING OF 10.45 ACRES, AND BY PROVIDING AN EFFECTIVE DATE.
Petition PUDZ-2002-AR-3158, Robert J. Mulhere, AICP, of RWA Inc. and
Richard D. Yovanovich, Esquire, of Goodlette, Coleman & Johnson,
representing Eco Venture Wiggins Pass Ltd. Requesting to rezone a
10.45 acre parcel from C-4 to a Residential Planned Unit Development
(PUD) , to be known as Coconilla to allow for: a maximum of 112
residential units on +/- 9.65 acres of residential development area
for a resulting density of 11.6 dwelling units per acre, specifically
including a 102 unit tower at a building height not to exceed 21
stories over parking {maximum of 225 feet above the required Flood
Elevation and in accordance with the provisions of Section 2.6.3.1 of
the Collier County LDC) , 10 town home units, and a marina basin with
52 boat slips and customary accessory uses, including a publicly
accessible ship's store and marine fueling station of approximately
5000 square feet of commercial spacei and a +/- 0.80 acre Public Use
tract providing for additional public vehicle and boat trailer
parking to provide: support for Cocohatchee River Park, access to the
marina ship's store, and egress to Vanderbilt Drive for park patrons
to allow for safe egress via a protected northbound turning movement
at existing traffic signal at Wiggins Pass Road and Vanderbilt Drive
for property located on Vanderbilt Drive, at the western terminus of
Wiggins Pass Road in Section 17, Township 48 South, Range 25 East.
Copies of the proposed Ordinance are on file with the Clerk to the
Board and are available for inspection. All interested parties are
invited to attend and be heard.
NOTE: All persons wishing to speak on any agenda item must register~ c:
with the County administrator prior to presentation of the agenda--
item to be addressed. Individual speakers will be limited to 5
minutes on any item. The selection of an individual to speak on
behalf of an organization or group is encouraged. If recognized by
the Chairman, a spokesperson for a group or organization may be
allotted 10 minutes to speak on an item.
Persons wishing to have written or graphic materials included in
the Board agenda packets must submit said material a minimum of 3
weeks prior to the respective public hearing. In any case, written
materials intended to be considered by the Board shall be submitted
to the appropriate County staff a minimum of seven days prior to the
public hearing. All material used in presentations before the Board
will become a permanent part of the record.
Any person who decides to appeal a decision of the Board will need a
record of the proceedings pertaining thereto and therefore, may need
to ensure that a verbatim record of the proceedings is made, which
record includes the testimony and evidence upon which the appeal is
based.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
TOM HENNING, CHAIRMAN
DWIGHT E. BROCK, CLERK
By: Is/Linda A. Houtzer, Deputy Clerk
(SEAL)
Linda Yl. .:JIOutzer
_8e
... ,"'
r-. "':
.
70:
Suiject:
(ieo7flia (I-mail)
:Re- reslicedUted :.PV:DZ-2002-Yl:R-.g.lS8
jff'llt) tlflll ill,
:P1t;tlfC 17m IkJ altadiedrJ)l _funday, JalUltZI"Y l/, 2(}(}4
~ ~
PUDZ -2002-AR- 315 PUDZ -2002-AR- 315
8 (2).doc 8 (2).doc
'Tlitlllk~j;
.LindtZ
.:Minute,r andZ<eOJltl.;:
1
-
I~.-"~~
8~
.Linda ..:4.. .7-IOutzer
from.'
Sent:
TO:
Suo/eet:
yostmaster@elerli.eofllerJfus
71/edhesda~ January 0,0 2004 9.'28 .JZLM
.Linda ..:4.. .7-IOutzer
:Delivery Status :NiJt!fieation (Retay)
I~
~.".
L:LJ
ATT406882.txt
Re- rescheduled
PUDZ-2002-AR-3... _[ ." ... ..
nztf tf an tllltmndtica/7y !Ji'n(Jrtzted Zk'iivcty JtatU.f .'.iVtJt!Jli'tltlim.
)lour m,DJ'l,t;e lia.r lieen )'UcaJ.\~\titili; re!tz/fed/{) tlie/(JllowiiW recipien!J; liill !fie n'({I/t'J'/eddt:"/ivmy
"ialu.\" ?Wlt/h,zt/mz.f may not /J~7ll{,lU'I,(II{'do.1./ Ille df'JI/1latrim.
/;'(jali'(J)na.' IJIr:;.J'lU'71 'j; cmn
c .f'
1
8e
.....
.Linda A. .:J--IOutzer
from:
Sent:
70:
Suo/ect.
System Administrator fPostmaster@nqptesnews.comJ
}yedizesda~ January 0.0 2004 g:.l6..A:M
.Linda A. .:J--IOutzer
:Delivered: Re- rescliedUled PV:DZ-2002-A:R :3.158
r::::-7l
L::-J
Re- rescheduled
PUDZ-2002-AR-3...
<<;/(1'" n>j'(iiedXi/i:"d":PU2JZ2002-,:1;/(:?I..,8.x"> )IouI' m(!,-f{~t7e
:To: {7'e {JI,{! fa (:F mil if)
.fuO;tY/.' J?.(7- reycjiedu/f'd:PlI2JZ-2002-..:4;/(-]158
jf.>ll!:' }Vea;'/7jtm 2004 r?9:Z/:'04 ._(~,OO
WilY di:>j1.vered/o th(> !(}//OJJ/lJ-lt! recl.'pfell/f.,';:
.,' ,,",-..
It~Jal..;- ()Jl 11 {'rt,>Jtm 2004 Of):I..':J.5.9 .o.,O(}
1
Re- rescheduled PUDZ-2002-AR-3158
Page I of I
Linda A. Houtzer
8e
,... ,.,
,,~ ,
From: legals [Iegals@naplesnews.com]
Sent: Wednesday, January 07,20049:47 AM
To: Linda A. Houtzer
Subject: RE: Re- rescheduled PUDZ-2002-AR-3158
rcvd
torunjan.11
than ks
georgia
-----Original Message-----
From: Linda A. Houtzer [mailto:Linda.Houtzer@c1erk.collier.fl.us]
Sent: Wednesday, January 07, 2004 9:27 AM
To: Georgia (E-mail)
Subject: Re- rescheduled PUDZ-2002-AR-3158
.1It;'//(J t1fftZin,
PIr:-'u_re run thf:' attuchf:'([o!l .funda:1f> Jt71ll.1dr.1f 1/, 200.j
<<PUDZ-2002-AR-3158 (2).doc>> <<PUDZ-2002-AR-3158 (2).doc>>
Ihank~i~
LIJ-U/Zl
.M illl! teY dnd~1(ec()rd\:
1/7 /2004
. \ ~ 1 ;( ~ Naples Dai 1Y News
o \..Jw~ . \ ". \ Naples, FL 34102
~~" o~~ Affidavit of publication
~V ~ Naples Daily News
----~-----------------------------------------+-----------------------
~
BOARD OF COUNTY COMMISSIONERS
CHERI LEFARA
PO BOX 413016
NAPLES FL 34101-3016
'0/1. _ ~.."'p'ort for ,"oco-
hatellee RIver ParIt. ac-
cus to the-marl"a
shlp's store. -- eaq55
to vande-rbm /)fIve for
park patrons to allow
for safe egress via a
protected northbound
turning movement at
existing traffic slQl'!al adt
Wiggins Pass Road an
vanderbilt Drive for
eroperty located on
anderbilt Drive, at thef
western te-rmlnus 0
Wiggins Pass Road In
Section 17. Township 48
SOuth, Range 25 East.
Copies of the proposed
, Ordinance are on file
with the Clerk to the
Board and are available
for Inspect,ion. All Inter- I
ested Parties art_~1ted I
to attend and be ""... u.
NOTE: All persons wish. I
Ing to speak on any!
agenda Item must regis- \
ter with the County ad-
ministrator frlor to prc\aeo
sentatlon 0 the agen
Item to be addresseel.
Individual speakers will
be limited to 5 minutes
on any Item. Tile selec-
tion of an Individual to
speak on behalf of an I
organization or group 151
encouraged. If ~ecog-
nlzed by the Chamnan,
a spokespersol'! for a
group or organlzatllln
may be allotted 10 min.
utes to speak on an
Item.
Persons wlsl1lng to
have written or griDMc
mate-rials Includ~l!J!1
the Board ~a ..-!'.
ets must submit said
material a minimum of 3
weeks prior to the re-
spective publiC hearing.
In any case. written ma-
terials Intended to be
considered bY thellOlll'd
shall be submitted to
the approorlate County
staff a minimum of SIV-
en days prior to tlle _.
public hearing. All ma-
terial used In presenta'
tlons before the Board
will become a perma-
nent part of the record. !
Any person who decides!
to appeal a decision of I
the Board will need are.
cord of the proceedings,
pertaining thereto and,
therefore, may need to;
ensure that a verbatim
record of the proceed,
Ings Is made. which re- \
c.ord Includes the testi-
mony and evidence
upon which the appeal
Is based.
BOARD OF COUNTY
COMMISSIONERS
COLLIER COUNTY,
FLORIDA
TOM' HENNING, CHAIR.
MAN
DWIGHT E. BROCK,
CL.ERK
By: Is/LInda A. ~er,
~~~ Clerk
!'1f1.1L No. 444598
REFERENCE: 001230
58783516
113138312649
NOTICE OF INTENT TO
State of Florida
County of Collier
Before the undersigned authority, personally
appeared B. Lamb, who on oath says that she serves
as Assistant Corporate Secretary of the Naples
Daily News, a daily newspaper published at Naples,
in Collier County, Florida: that the attached
copy of advertising was published in said
newspaper on dates listed.
Affiant further says that the said Naples Daily
News is a newspaper published at Naples, in said
Collier County, Florida, and that the said
newspaper has heretofore been continuously
published in said Collier County, Florida, each
day and has been entered as second class mail
matter at the post office in Naples, in said
Collier County, Florida, for a period of 1 year
next preceding the first publication of the
attached copy of advertisement; and affiant
further says that she has neither paid nor
promised any person, firm or corporation any
discount, rebate, commission or refund for the
purpose of securing this advertisement for
publiction in the said newspaper.
PUBLISHED ON: 01/11
AD SPACE: 202.000 INCH
FILED ON: 01/12/04
--------------------------------------------------+----------.
Signature of Affiant /J . l----~
Sworn to and Subscribed before me this r~ day of ~ ~
Personally known by me&0Ju~:f:f &~
'-"'~~'<:'~~;';:" Harriett Bushong
[/"'~';"~;~ MY COMMISSION # DD234689 EXPIRES
':'~..~.irf July 24, 2007
"'/;f,,9C~~~~"~ BONDED THRU TROY fAIN INSURANCE, INC
8C
l '"
~T1CE Of \
CONSIDERem~ANCE I
Notice Is hereby' given I
that on TUESDAty. FebN- \
ary 10. 2004 In the
Boardroom. 3rd Floor.
EntIon Bulldlno. \
r cCll.lI1ty Govern-
.. .t Center. 3301 East
Taml..-nl Trail, Naples,
Florllla. tilt Board of
CQYnty commissioners
wiD ~ the enact'
ment of a Oounty ordlll'l
nanc:e. The meeting w
commence at 9:00 A.M.
The title of the pro-
posed Ordinance Is as
follows:
AN ORDINANCE AMEND-
ING ORDIN~ECECOllNUI~R'
BEA 9l-l02~m ..
COUNTY Q PEVELOP-
MENT CO WHICH IN-
CLUDES THE COM PRE-
HE~I~~~ f8:I~ t~:
~RPORATED AREA OF
COLLIER COUNTY,
FL.ORIDA. BY AMENPING
THE OFFICIAL ZONING
ATLAS MAP NUMBERED
lt517N 6T CI't-A-l<<ioING
THE ZONING C\.A. SSIFI- \
CATI~ OF THE HEltEIN
D~~R~l~M R~t~.P~~:
iRAL. COMMERCIAL DIS; I
TRICT TO .PUD
PLANNED UNIT DEVEL-
OPMENT KNOWN AS .CO-
CONIL.LA PUD L.OCATED
ON VAND(RBIL.T DRIVE
~JTE::Ol{RMtJU~~~
fc~~.G~~tt~~E~~~~8
17 TOWNSHIP 4
SOUTH. RARNGcE025UN~~'
COLLIE .
FLORIDA. CONSISTING
OF 10.45 ACRES; A\ilD BY
~=G AN EFFEC-
lle\iflo!t,NilDZ.-2002.AR-
31M. IGIIIMt 1. MulhereJ
or I." Inc. ano
=.... .~vovanovlch,
!sou'r., of Goodlette,
Ooleman &. Johnson.
rellr...... ECO Ven-
ture -whiglnl Pass Ltd.
Requesting to rezone a
10.45 acre parcel from
C-4 to a Ruldentla\
Planned unit Develo.!'-
ment (PUll). to "e
knOWn as coconllla to
allow for: a maximum of
112 resldentlal.unlts oln
+ I - 9.65 acres of res -
dentlal development
area for a resulting den-
sity of 11.6 dwell I!"!!!
units per acre. .speclfl-
cally Includ.i..ng ~ 1021
wnit. tawer. l!~ a.l1uddlnQ,
height not to uceed 21
stories over parking
(maximum of 225 .feet
above the requlre.d
Flood Elevation and In
accordance with the
provisions of sectl.on
2631 of the Collier
c'oiulty LDC). 10 town I
home UnIts. and a mar.
nil. basin with 52 boat
slips and customary ac-
cessory uses. including
a publiClY ac.cesslble
shilts store and marine
fueling station of ap.
proximately SOOO squ~rel
fe.et of commerCia
space' and a +1- 0.80
acre Public Use tract
providing for additional
publiC vehicle and.boat
trailer parkIng to ,pro-
"..".":'1"
Patricia L. Morgan
-
From:
Sent:
To:
Cc:
Subject:
Patricia L. Morgan
Wednesday, January 14, 200410:14 AM
Georgia (E-mail)
Pam Perrell (E-mail)
Incorrect Ad that ran on Sunday, Jan. 11 (Ad #444598)
__ 8e
(food" :Morning (feorgia,
7fie ad" tliat ran on sund"ay (PVVZ-2002-jlcJ?;3158) was tlie wrong ad". 7fiis was tlie one tliat tliey clianged"
tlie liearing d"ate and" tlien clianged" it 6acl{, to tlie origina[ d"ate. 7fiis one was Ri[fed" and" tlie origina[ was to
run witli tlie liearing d"ate of January 27, 2004. 'You ran tlie ad" on tlie riglit d"ay, 6ut used" tlie ''k.j[fecf' notice.
pfease crecUt tliis ad". Vue to tlie error, tliey are going to liave to resclied"ufe for anotlier liearing d"ate (it
missed" its 15-d"ay notice)
7fiankyou,
rrrisli :Morgan
774-8399
~
il.....~
LJ
PUDZ-2002-AR-315
8 (2).doc
PUDZ-2002-AR-315
8 (2).doc
Patricia L. Morgan
8e
'11~
I
From:
Sent:
To:
Subject:
postmaster@clerk.collier.fl.us
Wednesday, January 14, 200410:14 AM
Patricia L. Morgan
Delivery Status Notification (Relay)
[Q
r::::-7l. ..
L:::J
ATT147742.txt
Incorrect Ad that
ran on Sunda... tT'C CI-r:.r r. ifi
'.wis is an automatica ry generateu. (j)edvery Status :Noti 'cation.
'Your message lias 6een successfufEy re[ayed to tfie joffowing recipients, 6ut tfie requested derivery status notifications may not
6e generated 6y tfie destination.
CegaCs@napCesnews. com
paperre[(@napCesnews. com
Patricia L. Morgan
8e
d
~I
From:
Sent:
To:
Subject:
System Administrator [postmaster@naplesnews.com]
Wednesday, January 14, 200410:01 AM
Patricia L. Morgan
Delivered: Incorrect Ad that ran on Sunday, Jan. 11 (Ad #444598)
r::::-7l. .
U
Incorrect Ad that
ran on Sunda...
<<Incorrect)Id tfz.at ran on Sunday, Jan. 11 ()ld #444598)>> 'Your message
%: qeorgia (iE-mail)
Cc: Pam Perref( (iE-mail)
Su6ject: Incorrect)Id tliat ran on Sunday, Jan. 11 ()ld #444598)
Sent: Wed; 14 Jan 200410: 13:36 -0500
was deuverecC to tfz.e folIowing recipient(s):
CegalS on Wed; 14 Jan 200410:01:29 -0500
Perref( PameCa on Wed; 14 Jan 200410:01:29 -0500
Incorrect Ad that ran on Sunday, Jan. 11 (Ad #444598)
Page 1 of 1
Be
-"
Patricia L. Morgan
From: legals [Iegals@naplesnews.com]
Sent: Wednesday, January 14, 200410:14 AM
To: Patricia L. Morgan
Subject: RE: Incorrect Ad that ran on Sunday, Jan. 11 (Ad #444598)
sorry
will credit ad
for $376.88
georgia
-----Original Message-----
From: Patricia L. Morgan [mailto:Patricia.Morgan@c1erk.collier.fl.us]
Sent: Wednesday, January 14, 2004 10:14 AM
To: Georgia (E-mail)
Cc: Pam Perrell (E-mail)
Subject: Incorrect Ad that ran on Sunday, Jan. 11 (Ad #444598)
CJood :Morning CJeorgia,
%e ad that ran on Sunday (PV(])Z-2002-J1CR..;3158) was the wrong ad. %is was the one
that they changed the hearing date and then changed it 6acft to the originar date. %is one
was-&j.[{ca and the originar was to run with the hearing date of January 27, 2004. 'You ran
the ad on the right day, 6ut used the ''kj.rfecP' notice. rpfease credit this ad. (])ue to the error,
they are going to have to rescheduCe for another hearing date (it missed its 15-day notice)
7fiank.you,
rr'rish :Morgan
774-8399
<<PUDZ-2002-AR-3158 (2).doc>> <<PUDZ-2002-AR-3158 (2).doc>>
1/15/2004
Incorrect Ad that ran on Sunday, Jan. 11 (Ad #444598)
Page 1 of 1 ('
- CO\)
---
Patricia L. Morgan
From: Patricia L. Morgan
Sent: Wednesday, January 14, 200410:36 AM
To: 'legals'
Subject: RE: Incorrect Ad that ran on Sunday, Jan. 11 (Ad #444598)
'TnanR,you. I wi[[ notify tfie department tfzat fiad pfaced tfie ad.
Jr risfi
-----Original Message-----
From: legals [mailto: legals@naplesnews.com]
Sent: Wednesday, January 14, 2004 10:14 AM
To: Patricia L. Morgan
Subject: RE: Incorrect Ad that ran on Sunday, Jan. 11 (Ad #444598)
sorry
will credit ad
for $376.88
georgia
-----Original Message-----
From: Patricia L. Morgan [mailto:Patricia.Morgan@c1erk.collier.fl.us]
Sent: Wednesday, January 14, 2004 10:14 AM
To: Georgia (E-mail)
Cc: Pam Perrell (E-mail)
Subject: Incorrect Ad that ran on Sunday, Jan. 11 (Ad #444598)
qOOd ::Morning qeorgia,
CJ1ie ad that ran on Sunday (PUq)Z-2002-JICR.::3158) was the wrong ad: CJ1iis was the
one that they changed the hearing date and then changed it 6acl()0 the origina{ date.
CJ1iis one wasJijil'u[ and tlie origina{ was to run with the hearing date of January 27,
2004. rtou ran the ad on the right day, 6ut used the ''kj{Ced" notice. q>Cease crecfit this
ad: q)ue to the error, they are going to have to rescheduCe for another hearing date (it
missed its 15-day notice)
rrlianf(you,
'Irish ::Morgan
774-8399
<<PUDZ-2002-AR-3158 (2).doc>> <<PUDZ-2002-AR-3158 (2).doc>>
1/15/2004
Patricia L. Morgan
8e
~ .,,"0/
From:
Sent:
To:
Subject:
postmaster@clerk.collier.f1.us
Wednesday, January 14, 200410:36 AM
Patricia L. Morgan
Delivery Status Notification (Relay)
[2]
ATT149392.txt
RE: Incorrect Ad
that ran on S... rrr: rt:.r {j ifi
'wis is an automaticauy generateu q)e ivery Status :Noti 'cation.
ry'our message lias 6een successfu{Cy refayed to tlie fo{rowing recipients, 6ut tlie requested deEivery status notifications may not
6e generated 6y tlie destination.
CegaCs@napCesnews. com
8C
Patricia L. Morgan
From:
Sent:
To:
Subject:
System Administrator [postmaster@naplesnews.com]
Wednesday, January 14, 2004 10:24 AM
Patricia L. Morgan
Delivered: RE: Incorrect Ad that ran on Sunday, Jan. 11 (Ad #444598)
[2]'
'.:" ,....
, ,~ "
RE: Incorrect Ad
that ran on S...
<<CJ{P.: lncorrect}latliat ran onSunaay, Jan. 11 (JIa #444598)>> rrourmessage
%: fegaCs
Su6ject: CJ{P.: lncorrect}la tliat ran onSunaay, Jan. 11 (JIa #444598)
Sent: Wed; 14 Jan 2004 10:36:09 -0500
was aefiverea to tfie fo[Cowing recipient(s):
fegaCs on Wed; 14 Jan 2004 10: 23: 59 -0500
Incorrect Ad that ran on Sunday, Jan. 11 (Ad #444598)
Page 1 of 1
Patricia L. Morgan
8e
~......
From: Patricia L. Morgan
Sent: Wednesday, January 14, 2004 10:49 AM
To: Martin, Cecilia; Reischl, Fred
Subject: FW: Incorrect Ad that ran on Sunday, Jan. 11 (Ad #444598)
<me aa tliat ran witli tlie incorrect liearillfJ aate lias 6een credited. pfease fet me {now wliat liearing aate tliat tliis wi[[
now appear at. If it wi[[ 6e resclieaufea for tlie pe6ruary 10tli ()3CC :Meeting, tlie aa wi[[ appear in :NCJXN on January
25. Just fet us {now as soon as you get tlie fina[ word.
'f/ianRJ,
Trisli
:Minutes rd, iRJ!corcfs
-----Original Message-----
From: legals [mailto: legals@naplesnews.com]
Sent: Wednesday, January 14, 2004 10:14 AM
To: Patricia L. Morgan
Subject: RE: Incorrect Ad that ran on Sunday, Jan. 11 (Ad #444598)
sorry
will credit ad
for $376.88
georgia
-----Original Message-----
From: Patricia L. Morgan [mailto:Patricia.Morgan@c1erk.collier.fl.us]
Sent: Wednesday, January 14, 2004 10:14 AM
To: Georgia (E-mail)
Cc: Pam Perrell (E-mail)
Subject: Incorrect Ad that ran on Sunday, Jan. 11 (Ad #444598)
good :Morning georgia,
'IFr.e ad tfiat ran on Sunday (cpV([)Z-2002-}l1{;3158) was tfie wrong ad. 'IFr.is was tfie one
tfiat tfiey cfianged tlie fiearing date and tfien cfianged it 6aclt to tfie origina( date. 'IFr.is one
wasi.j[[u[ and tfie origina( was to run witfi tfie fiearing date of January 27, 2004. CYou ran
tfie ad on tfie rigfit day, 6ut used tfie ''fj(Cecf' notice. PCease crecut this ad. ([)ue to tfie error,
tfiey are going to /iave to rescfieduCe for anotfier fiearing date (it missed its 15-day notice)
'IFr.anltyou,
'frisfi :Morgan
774-8399
<<PUDZ-2002-AR-3158 (2).doc>> <<PUDZ-2002-AR-3158 (2).doc>>
1/1512004
Patricia L. Morgan
8e
~
From:
To:
Sent:
Subject:
System Administrator
Martin, Cecilia; Reischl, Fred
Wednesday, January 14, 200410:49 AM
Delivered:FW: Incorrect Ad that ran on Sunday, Jan. 11 (Ad #444598)
Your message
To:
Subject:
Sent:
Martin, Cecilia; Reischl, Fred
FW: Incorrect Ad that ran on Sunday, Jan. 11 (Ad #444598)
1/14/2004 10:49 AM
was delivered to the following recipient(s):
Martin, Cecilia on 1/14/2004 10:49 AM
Reischl, Fred on 1/14/2004 10:49 AM
Patricia L. Morgan
8e
. r 'h'
From:
To:
Sent:
Subject:
Martin, Cecilia
Patricia L. Morgan
Wednesday, January 14, 2004 11 :33 AM
Read: FW: Incorrect Ad that ran on Sunday, Jan. 11 (Ad #444598)
Your message
To:
Subject:
CeciliaMartin@colliergov.net
was read on 1/14/2004 11:33 AM.
Coconilla anyone?
Page 1 of 1
Patricia L. Morgan
8C-IllI~
From: Reischl, Fred
Sent: Thursday, January 15, 2004 8:23 AM
To: Patricia L. Morgan
Cc: Martin, Cecilia
Subject: RE: Coconilla anyone?
Heres the email from Joe Schmitt:
Bob
County Attorney has ruled, and I agree, that it is all's best interest to hear the petition as advertised -- on the 10th. No need to
readvertise but you do need to change the dates on the sign.
Joe
-----Original Message-----
From: Patricia L. Morgan [mailto:Patricia.Morgan@c1erk.collier.fl.us]
Sent: Wednesday, January 14, 20044:41 PM
To: martin_c; reischU
Subject: Coconilla anyone?
J{eard anything? Just checking.
rz1ian~ - 'Irish
1/1512004
January 15, 2004
Attn: Georgia
Naples Daily News
1075 Central Avenue
Naples, Florida 34102
Re: PUDZ-2002-AR-3158, Coconilla PUD
Dear Georgia:
Please advertise the above referenced notice on Sunday, January
25, 2004, and kindly send the Affidavit of Publication, in
duplicate, together with charges involvedl to this office.
Thank you.
Sincerely,
Linda A. Houtzer
Deputy Clerk
P.O./Account # 113-138312-649110
8e
.,.....~~~
___8e
NOTICE OF INTENT TO CONSIDER ORDINANCE
Notice is hereby given that on TUESDAY, February 10, 2004 in the
Boardroom, 3rd Floor, Administration Building, Collier County
Government Center, 3301 East Tamiami Trail, Naples, Florida, the
Board of County Commissioners will consider the enactment of a County
Ordinance. The meeting will commence at 9:00 A.M. The title of the
proposed Ordinance is as follows:
AN ORDINANCE AMENDING ORDINANCE NUMBER 91-102, THE COLLIER
COUNTY LAND DEVELOPMENT CODE, WHICH INCLUDES THE COMPREHENSIVE
ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER
COUNTY, FLORIDA, BY AMENDING THE OFFICIAL ZONING ATLAS MAP
NUMBERED 8517N BY CHANGING THE ZONING CLASSIFICATION OF THE
HEREIN DESCRIBED REAL PROPERTY FROM "C-4" GENERAL COMMERCIAL
DISTRICT TO "POO" PLANNED UNIT DEVELOPMENT KNOWN AS COCONILLA
PUD LOCATED ON VANDERBILT DRIVE (C.R. #901), AT THE WESTERN
TERMINUS OF WIGGINS PASS ROAD (C.R. #888), IN SECTION 17,
TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA,
CONSISTING OF 10.45 ACRES, AND BY PROVIDING AN EFFECTIVE DATE.
Petition PUDZ-2002-AR-3158, Robert J. Mulhere, AICP, of RWA Inc. and
Richard D. Yovanovich, Esquire, of Goodlette, Coleman & Johnson,
representing Eco Venture wiggins Pass Ltd. Requesting to rezone a
10.45 acre parcel from C-4 to a Residential Planned unit Development
(PUD) , to be known as Coconilla to allow for: a maximum of 112
residential units on +/- 9.65 acres of residential development area
for a resulting density of 11.6 dwelling units per acre, specifically
including a 102 unit tower at a building height not to exceed 21
stories over parking (maximum of 225 feet above the required Flood
Elevation and in accordance with the provisions of Section 2.6.3.1 of
the Collier County LDC) , 10 town home units, and a marina basin with
52 boat slips and customary accessory uses, including a publicly
accessible ship's store and marine fueling station of approximately
5000 square feet of commercial space; and a +/- 0.80 acre Public Use
tract providing for additional public vehicle and boat trailer
parking to provide: support for Cocohatchee River Park, access to the
marina ship's store, and egress to Vanderbilt Drive for park patrons
to allow for safe egress via a protected northbound turning movement
at existing traffic signal at Wiggins Pass Road and Vanderbilt Drive
for property located on Vanderbilt Drive, at the western terminus of
wiggins Pass Road in Section 17, Township 48 South, Range 25 East.
Copies of the proposed Ordinance are on file with the Clerk to the
Board and are available for inspection. All interested parties are
invited to attend and be heard.
NOTE: All persons wishing to speak on any agenda item must registe~ ~~
with the County administrator prior to presentation of the agenda
item to be addressed. Individual speakers will be limited to 5
minutes on any item. The selection of an individual to speak on
behalf of an organization or group is encouraged. If recognized by
the Chairman, a spokesperson for a group or organization may be
allotted 10 minutes to speak on an item.
Persons wishing to have written or graphic materials included in
the Board agenda packets must submit said material a minimum of 3
weeks prior to the respective public hearing. In any case, written
materials intended to be considered by the Board shall be submitted
to the appropriate County staff a minimum of seven days prior to the
public hearing. All material used in presentations before the Board
will become a permanent part of the record.
Any person who decides to appeal a decision of the Board will need a
record of the proceedings pertaining thereto and therefore, may need
to ensure that a verbatim record of the proceedings is made, which
record includes the testimony and evidence upon which the appeal is
based.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
TOM HENNING, CHAIRMAN
DWIGHT E. BROCK, CLERK
By: Is/Linda A. Houtzer, Deputy Clerk
(SEAL)
Dwight E. Brock
Clerk of Courts
~ounty of Collier
CLERK OF THE CIRCUIT COURT
COLLIER COUNTY COURmOUSE
3301 T AMIAMI TRAIL EAST
P.O. BOX 413044
NAPLES, FLORIDA 34101-3044
J -j
'j
lJ)
~I
I
Clerk of Courts
Accountant
Auditor
Custodian of County Funds
January 15, 2004
EcoVenture Wiggins Pass, Ltd.
601 Bayshore Blvd.
Suite 960
Tampa, FL 33606
Re: Notice of Public Hearing to consider Petition PUDZ-2002-AR-3158
Dear Petitioner:
Please be advised that the above referenced petition will be
considered by the Board of County Commissioners on Tuesday, February
10, 2004, as indicated on the enclosed notice. The legal notice
pertaining to this petition will be published in the Naples Daily
News on Sunday, January 25, 2004.
You are invited to attend this public hearing.
Sincerely,
DWIGHT E. BROCK, CLERK
Linda A. Houtzer, Deputy ~lerk
Enclosure
Phone-(239) 732-2646
Website- www.clerk.collier.fl.us
Fax- (239) 775-2755
Email-collierclerk@clerk.collier.fl.us
Dwight E. Brock
Clerk of Courts
/County of Collier
CLERK OF THE CIRCUIT COURT
COLLIER COUNTY COURTHOUSE
3301 TAMIAMI TRAIL EAST
P.O. BOX 413044
NAPLES, FLORIDA 34101-3044
__8e
Clerk of Courts
Accountant
Auditor
Custodian of County Funds
January 15, 2004
Robert J. Mulhere, AICP
RWA, Inc.
3050 N. Horseshoe Drive
Suite 270
Naples, FL 34104
Re: Notice of Public Hearing to consider Petition PUDZ-2002-AR-3158
Dear Mr. Mulhere:
Please be advised that the above referenced petition will be
considered by the Board of County Commissioners on Tuesday, February
10, 2004, as indicated on the enclosed notice. The legal notice
pertaining to this petition will be published in the Naples Daily
News on Sunday, January 25, 2004.
You are invited to attend this public hearing.
Sincerely,
DWIGHT E. BROCK, CLERK
Linda A. Houtzer, Dep~ty Clerk
Enclosure
Phone-(239) 732-2646
Website- www.clerk.collier.fl.us
Fax-(239)775-2755
Email-collierclerk@c1erk.collier.fl.us
.Linda A. .:J--IOutzer
Be
-fill
from:
Sent:
70:
Suo/ect.
yostmaster@clerk.cotller/t:us
7liursda~ January .15; 2004 8."43..A:M
.Linda A. .:J--IOutzer
:Delivery Status .NOt!fication (Relay)
....'.~~
B
r::::-7l., /..'
L.:::J
ATT194805.txt
PUDZ
02-AR-3158 Coconil -r-"'- . -
7hif if all tlUtmnaticailj/llenerated 2JeiivelY jiatll.f jV(}tykatir711.
}I{lll}" meJ){l/Je hfLf !;een J'U[cej~llitiZi; reftl.vetl"to tli"e/(}//oJ!'lJ--{tj re('(pll>Jlt)~ liift tlie ret{ueJiedilaivClY
.f/dluy JW!lj?Ctltitms may Jwt Ijt7/lell('/i1led/J..l/ Ilie t!('..lli1wtitJll,
f(!t/t7L~'(il)lZtl 1'11<;J7/('W5: com
(._ _/""
1
.Linda A. .:J--IOutzer
8C
....
from:
Sent.
70:
Suo/ect.
System Administrator /jJostmaster@nqp!esnews.com]
7Jiursda~ January I~ 2004 8:3.1 ..A:M
.Linda A. .:J--IOutzer
:Delivered: PV:DZ 2002-A:R:3.158 Coconi/la
F-:-7I
L::-J
PUDZ
02-AR-3158 Coconil _.
<<:.P1I7J2 zoo2-jl:R:,/..,8 C(}c{mifltl ~'>~> )Im.1r me.mlfJe
:f(): (!'em;7ia (Z:llwif)
_fuiije{,/;':P1./:lJ2 2002-.A:R:5'1.,8 {()o.lJUIla
_~f.>ll!:' Iku, 6./tm 2004 o/l.qz:l/l -0500
Wt!.f de!lvere,[/o th"e/(}lloIFIJ-lfJ recipientf.,):
It~Jt:lI..;: Oil :Tliu, /..'i./tm 2004 o8.:,o.:i.., -{~,OO
1
.Linda .:4. .:J--IOutzer
8(:
70:
Suo/ect.
{ieorgia (I-mail)
PV:DZ 2002-.:4:R:3.158 Coconi/la
{/{J(){[Mmn i7!fJ
:Plf7are rim IIXe tlttacfXedrJ7l .funda.y. .fi:znUtlr,1f ~.-S:; 2oo4.fi7r tfie llzeetiJ~{1 to fie lieflfan f"e/JIIl(;zr,1I /0,
2004
~ Ii@]
PUDZ -2002-AR- 315 PUDZ -2002-AR-315
8 (3).doc 8 (3).doc
Ihtmk- 1f(JU,
.Lln dii -
.:Aflnute.f and2<eo}l'di:
1
PUDZ 2002-AR-3158 Coconilla
Linda A. Houtzer
Page 1 of 1
R~
~J tY
f:'1
From: legals [Iegals@naplesnews.com]
Sent: Thursday, January 15, 2004 1 :57 PM
To: Linda A. Houtzer
Subject: RE: PUDZ 2002-AR-3158 Coconilla
rcvd
to run 1/25
thanks
georgia
-----Original Message-----
From: Linda A. Houtzer [mailto:Linda.Houtzer@c1erk.collier.fl.us]
Sent: Thursday, January 15, 2004 8:42 AM
To: Georgia (E-mail)
Subject: PUDZ 2002-AR-3158 Coconilla
(;(J(J([/It/(}r1zln/1
2Jff:'ILre run the attacht>d()Jl .fundall. _flmUdl:Y 25; 2oo4jtJr th(7 meetir-{fI to fie htJ/ti{}JJ
_Te61ITtlr.V]O. 2004
<<PUDZ-2002-AR-3158 (3).doc>> <<PUDZ-2002-AR-3158 (3).doc>>
7JiCllZ,{ yo u,
[inti;l
:Afinutej' a7ld:'l(pt,'(}Tt.t..i~
1/15/2004
AD SPACE: 202.000 INCH
FILED ON: 01/26/04
--------------------------------------------------+----
Signature of Affiant /J - -'/-\
Sworn to and Subscribed b~fore me this ,;?7.d day of v-;:v<---.
Personally known by me ~/~'L.Le,ff D-L-L4--k'.e0<.'4
(/
Naples Daily News
Naples, FL 34102
Affidavit of Publication
Naples Daily News
--------------------------------------------------+----
BOARD OF COUNTY COMMISSIONERS
CHERI LEFARA
PO BOX 413016
NAPLES FL 34101-3016
REFERENCE: 001230
58788670
113138312649
NOTICE OF INTENT TO
State of Florida
County of Collier
Before the undersigned authority, personally
appeared B_ Lamb, who on oath says that she serves
as Assistant Co~orate Secretary of the Naples
Daily News, a da~ly newspaper published at Naples,
in Collier County, Florida: that the attached
copy of advertis~ng was published in said
newspaper on dates listed.
Affiant further says that the said Naples Daily
News is a newspaper published at Naples, in said
Collier County, Florida, and that the said
news~aper has heretofore been continuously
publ~shed in said Collier County, Florida, each
day and has been entered as second class mail
matter at the post office in Naples, in said
Collier County, Florida, for a period of 1 year
next preceding the first publication of the
attached copy of advertisement; and affiant
further says that she has neither paid nor
promised any person, firm or corporation any
discount, rebate, commission or refund for the
purpose of securing this advertisement for
publiction in the said newspaper.
PUBLISHED ON: 01/25
."v..~";/"" .
"~:~~'A'~"f:;-~ Harnett Bushong
~\ fhi.t' :'~ MY COMMISSION # DD234689 EXPIRES
':;;~:,;~~~~! July 24, 2007 '
"":; ;;~"., BONDED THRU TROYfAIN INSUR:,NCE, INC
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NOTICE OF
INTENTTO
CONSIDER ORDINANCE
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Notice is hereby given
that' on TUESDAY, Febru-
ary 10, 2004 in the
Boardroom. 3rd Floor,
Administration Building,
. Collier County Govern.
ment Center, 3301 East
Tamlaml Trail, Naplesl
Florida. the Board OT
County Commissioners
will consider the enact.
ment of a County Ordi-
nance. The meeting will
commence at 9:00 A.M.
The title of the pro-
posed Ordinance Is as
follows:
al>ove the requlredl
Flood Elevation and In,
accordance with the
provisions of section
2.6.3.1 of the Coiller
County L.DC), 10 town
home units. and a mari-
na basin with 52 boat
slips and customary ac-
cessorY uses" Including
a, publiclY accessible
sl'lIws store and marine
fueling station of ap-
proximately SOOO squal rei
AN ORDINANCE AMEND. feet of commerc a
ING ORDINANCE NUM space' and a +/- 0.80
' - acre ~ubllc Use tract
BER 91,102, THE COL.L.IER providing for additional
COUNTY L.AND DEVEL.Op. ~UbIlC vehIcle and boat
, MENT CODE, WHICH IN- railer parkin, to pro-
CL.UDES THE COMPRE.
HENSIVE ZONING REGU- vide: support or Coco-
LATIONS FOR THE UNIN. hatchee River Park, ac-
CORPORATED AREA OF cShel~~S ~or~h:n~:~~~s~
C 0 L. L. I E R C 0 U N T Y . to vanderbilt Drive for
FL.ORIDA, BY AMENDING park patrons to allow
THE OFFICIAL ZONING for safe egress vIa a
ATLAS MAP NUMBERED protected northbound
8517N BY CHANGING turning movement at
~~~IJt?~r~H1L~~~~~ existing traffic signal aJ
DESCRIBED REAL. PROP- Wiggins Pass Road an
ERTY FROM "C-4" GEN- Vanderbilt Drive for
~RRAf cCfMr6RC,!AtuD6S; e~~g:(btIYt b~~~~ea~ t~~,
PL.ANNEJl,UIDT [lEVEL- western terminus of
OPMEfilT KNOWN AS CO. ~Pa5s---R-o&dln
CONILL.A PUD L.OCATED Sedron 17, Township 48
ON VANDERBIL.T DRIVE SOuth,Range25 East.
(C.R. #901), AT THE d
WESTERN TERMINUS OF Copies of the propose
WIGGINS PASS ROAD Ordinance are on file
(C.R. #888), IN SECTION with the Clerk to the
1 7, TOW N S HIP 48 Board and are available
SOUTH, RANGE 25 EAST, for Inspection. All Inte:d
COL.L.IER COUNTY, ested parties are Invlt
FL.ORIDA, CONSISTING to attend and be heard.
OF 10.45 ACRES: AND BY NOTE: All persons wlsh-
~rv~~'fir.G AN EFFEC-! Ing to speak on any
aQenda Item must regls-',
ter with the county ad- i
Petition PUDZ.2002-AR. mlnlstrator frlor to prde-
3158, Robert J. Mulherel sentatlon 0 the agen a
AICP, of RWA Inc. ana b ddressed
Richard D. Yovanovich, Item to e a i
Es~ulre, of Goodlette, Indlvlduai speakers wll
Co eman & Johnson, be limited to 5 mlnu,tes
on any Item, The se ec-
representing Eco Ven. tlon of an Individual to
ture Wiggins Pass L.td. speak on behalf of an
Requesting to rezone a organization or group Is
10.45 acre parcel from encouraged. If recog-
C-4 to a Residential h Chal man
Planned Unit Develop- nlzed by t e r ,
ment (PUD), to be a spokesperson for a
known as Coconllla to group or organlzatl!ln
f may be allotted 10 min'
allow for: a maximum 0 I utes to speak on an
112 residential units on item
+/- 9.65 acres of res I-I .
dentlal devel9pment, Persons wishing t.o
area for a resulting den-, have wrItten or graphiC
slty of 11.6 dWelllnJlI materials Incluaed In
units per acre, speclfi- the Board agenda pack-
cally Including ~ 1021 ets must submit said
unit tower at a bUilding material a minimum of 3
height not to exceed 21 weeks prior to the re-
storl.es over parking - - - - - - -1 spectlve public hearing.
(maximum of 225 feet , In any case, written ma-
I terlals Intended to be
considered by the Board
shaH be submitted to
the app~ eounty
staff a minimum of sev-
en days prior to the
publiC hearing. All ma-
terial used In presentad-
tlons before the Boar
will become a perma-
nent part of the record.
Any person who decides
to appeal a decision of
the Board will need a reo
cord of the proc, eedlngs
pertaining thereto and
therefore, may need to
ensure that a verbatim
record of the proceed-'
Ings Is made, which re-,
cord Includes the testi-
mony and evidence
upon which the appeal
Is based.
BOARD OF COUNTY
COMMISSIONERS
COL.LlER COUNTY,
FLORIDA
TOM HENNING, CHAIR-
, MAN
\ DWIGHT E. !lROCK,
CL.~RK -
I By: /s/L.lnda A. Houtzer.
Dl~& Clerk
~an. 25 NO'u457.995.
20t.)f
02/e9/2B~4 04:09
85El48833El9
COMM PLANNING
.
PAGE 02/02
t 8 C - II
STATE OF FLORIDA
DEPARTMENT OF COMMUNITY AFFAIRS
"Dedicated to making Florida a better place to call home"
IU lUSH
Gove,no'
COLLHN CASTI LLE
S~relal'\l
(
January 14,2004
Mr. Richard D. Yovanovich
Goodlette Coleman and Johnson, P A
Northern Trust Bank Building
4001 Tamiami Trail North
Naples, Florida 34103
Re: Collier County Growth Plan
Dear Mr. Y ovanovich:
Thank you for your letter of December 17,2003, asking for the Department's comment
regarding certain provisions in the Comer COlmty Comprehensive Plan. You have asked
whether the density bonus provision of the Future Land Use Element that allows commercially
zoned properties, not located within a Mixed Use Activity Center or within an Interchange
Activity Center, to be converted to residential use at a density bonus of up to 16 dwelling units
per acre. is in compliance with Rule 9J-5, Florida Administrative Code and Chapter 163, Florida
Statutes (FS)? The density bonus provision was adopted into the comprehensive plan and found
to be in compliance with Chapter 163, FS; it is, therefore, in effect
As we have discussed, it is the County's responsibility to interpret its comprehensive
plan. An exception to that would be in the circumstance ofa legal challenge. Any interpretation
by the County should take into account the overall goals, objectives and policies of the
comprehensive plan.
We appreciate your taking the time to write us about this matter. If you have any
questions, please call Bernard o. Piawah, Principal Planner, at (850) 922-1810.
Sincerely,
Ch lU\.~
Charles Gauthier. Alep
Chief, Comprehensive Planning
CGlbp
CC: Stan Litsingcr, Collier County Comprehensive Planning Chief
: EXHIBIT
lea- 8e.,
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2SSS SHUMA"O OAIC BOULEVARD . TALLAHASSEE, FLORIDA )2399-2
Phone: 850 488.8466/Suncom 276.8466 FAX: BSO.921.0781/SunC(lm 291078
I n Ie r n e I :I d d r e H: h.!.!.p..i.L~ w W . d C "'_ !tl a I e r I . !L.\.
CRITICAL STAll CONC.IN flllD 0...0
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CO"'MUNIT\' Pl...NINC:
2555 SI""'....d O.~ ID~
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fMfRC;iNCY MANAGE....ENT
15 S5 51'u,n,IU O.~ flOI.I,."..",
bll"hIJO(!e, Fl. H ""21 00
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HOU51NC .. COMMUNITY Ofvt
2555 ~tll_ 0... .....I....d
hll,'~l"'. fl12l99.2l00
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FROM : AUDUBON
PHONE NO.
Feb. 10 2004 10:47AM P2
Per
A.udubon OF FLORIDA
8 c-'J
February 9, 2())4
Audubon's Center for
Birds of PTCY
rIOI Audubon Way
Maidand. FL 32751
Tel: 407-644,()l90
Fax: 407-644-8940
www.a~dubon.org
www.audubol)omoriua.org
Re: CoconiJ1a PUD
To Whom It May Concern:
This docwnent is intended to clarify the biological issues regarding the Bald Eagle Nest
nwnber CO 019, located in Collier County, Florida and the petition to down-zone the
property from ;1 connnercial to residential use.
I. The petitioner has req~ested USFWS service permission to perfonn certain
construction activities in the secondary protection zone during nesting season.
2. Prohibitions on construction activities during nesting season are primarily
intended to help ensure that the eagles have the proper conditions for raising
young. It is because the young are typically not present during non-nesting
season that the regulations concerning construction are limited to the times of year
when the eagles are laying e~~s and raising their fledglings.
3. It is well documented that adult eagles exhibit high site fidelity and are very
t-etuctant to leave a nest site once established. Typically this will only occur given
significant escalations in stress levels.
4. This particular pair has endw:ed commercial activity, a dead nesting tree, and a
fallen l'l.est only to return repec'"l.tedly for over ten years.
5: Given the historical adaptation demonstrated by this pair, it is probably unlikely
that the adults, with conscientious monitoring of the nest site during the nesting
season, wilt experience disturbance levels that will be sufficient to cause them to
abandon the nest.
Please note: that Audubon of Florida is not endorsing the applicant's proposal, but
offers these comments solely as objective biological observations to aid in the policy
making pr(.cess.
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Audubon of Florida EagleWatch Coordinator
{\ iT.1MTl'.GIC ALLlANCE OF THJ;; FLORJOA AND NATIONAL AUDUBON SOCInTIES 1~ PA.RTNEASHIP WITH 43 LOCAL A.UD ~ E X H , B , T
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Bl/a7/20BA 17:06
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USFWS
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FISH AND WILDLIFE SERVICE
South F10rida I!colostic:d SCrviCCli Office
1339 2all Street
V~O Beach. Florida 32960
.
United States Department of the Interior
January 27, 2004
Colonel Robert M. Carpenter
District Engineer
U.S. Army Corps of Engineers
701 San Marco Boulevard, Room 372
Jacksonville, Florid:l 32207-8175
Service Log No.: 4-1-03-F-l 03 8
Application No.: 199101853 (lP-RMT)
Date: March 6. 2003
Applicant: Beo Venture Wiggins Pass Limited
County: Collier
.
Dear Colonel Carpenter:
This document troosmits the Fish and Wildlife service's (Service) biological opinion for the
proposed Eco Venture Wiggins Pass Limited's development located in Collier County, Florld~
and its effects on the bald eagle (HaliaeetrJs leucocephalUS), Florida Fish and Wildlife
Conservation Commission (FWC) nest number CO-19, in accordance with section 7 of1he
End:mgcrcd Sp~cies Act of 1973~ as amended (ESA) (87 Stat. 884; 16 U.S.C. 1531 et seq.).
This biological opinion is based on information provided in the March 6, 2003, U.S. Army
Corps l)f Engineers (Corps) Public Notice, the June 2003 bald eagle management plan, 3dditional
infonIl3.tion prepared by the applicant's biologic:u consultant and dated May 10, 2002,
July 16,.. 2003. and September 16,2003, telephone conversations, field investigations, and other
sources of infoml:ltion. A complete administrative record of this consultation is on file inthc:
South Florida Ecological Services Office.
L CONSULTATION JDSTORY
On May I, 2002~ the Service met with the applicant, and the applicant's enviIomnental
consultant. passare!la and Associates (passarella) to discuss the proposed project.
.
On May 10. :OO~. Passarella scnt n Jetter directly to the service with d.etails about the proposed
proj eel.
On February 21. 2003. the Corps sent information about the proposed project to the Service. The
Corps detennined that the proposed project "may affect. but is not likely to adversely affectll the
TAKE PR1_0~~~~
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West Indian manatee and "may affect" the bald eagle and reqt1ested fonnal consultation with the
Service for the bald eagle.
On March 6, 2003~ the Corps issued a public notice for the project. The public notice showed
plans for two, twenty-two story, 154-unit condominium towers and associated infrastructure,
reconfigurntion oftbe existing 52-slip marina with no increase in slips, removal of 450 dry slips
and, plans to dredge 492 cubic yards of material from 0.3 acre of submerged lands and excavate
72,895 cubic yards of material from uplands. The Corps detennined that the proposed project
-may affect. but is not likely to adversely affect" the West Indian manatee (Trichechus manatus),
and "mav affect" the bald eagie.
On March 1 R~ 2003, t.l1e Service met with the Corps and the applicant to discuss the project. The
applicant expressed a desire to start the demolition of the marina before the consultation was
complete. The Service and the Corps advised aga.in5t the demolition.
On March 20. 20')3, the Service sent an email to the applicant's environmental consultant stating
that the Service could not do a teclmical assistance for the demolition of the marina. The
demolition was considered a part of the entire project for which consultation had already begun.
On Apri 12.2003. the applicant's environmental consultant sent a lctter to the Corps advising
them thar ihc appiicant intended to proceed with the demolition of the maxina.
.
On April ~. 2003. the Corps sent a letter to the applicant advising them not to proceed with the
demolirion of the marina.
On ApJi121, 2003, the Service sent a letter to the Corps requesting additional imonnation about
the proposed project for bald eagles. The Service stated that the proposed project was not
consist.:nt with the Guidelines (Servicc 1987).
On July 9. ~003, the Corps sent a letter to Passarella summarizing the responses to the public
notice. The Corps listed concerns of the Service, U.S. Environmental Protection Agency, Save
the Manatee Club, and North Bay Civic Association had noted that 164 letters had been received
from tbe public in opposition to the project, and 31 had been received that were in support of the
project.
On July 16, 2003, the applicant responded directly to the Service's April 21, 2003, letter and
described revised site plans. The revised site plans included the elimination of one
condominium tower. and moving the entry location for the project.
On AUl;ust 27, 2003, the Service sent a letter to the Corps requesting additional infonnation
about th.: revised site plan, bald eagles, and manatees.
.
On SeptemlJ~r 16. 2003, the Service met with the applicant and Passarella to discuss the
proposed project.
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On September 18.2003. pas:ardla rransmitted updated project plans and bald eagle management
plans directly to the Service.
On September 27,2003, the Service sent a letter to the Corps acknowledging the IImay affect"
determination for the bald cagle and the West Indian Manatee, and stated that biological opinions
for the project would be sent to the Corps on~ or before February 8, 2004.
On November Zl ~ 2003, the Service provided the Corps with a separate Biological Opinion for
project effect to the West Indian oanatee.
11. BIOLOGICAL OPTh10N
DESCRIPTIO>! OF T:--iE PROPOSED ACTION
TIle proposed ;)ction is the :SSUXlce of a Department ofthe Army permit by the Corps pursuant to
section J.()J. l)fthe Clean Water Act (33 U.S.C. 1344). TIle Corps has received an application for
the der.wl ition of an cxistir.g marina and associated facilities at a 1 O.5-acre site. The existing
marina 1:J$ :=;2 wet slips :me 450 dry slips. The applicant is proposing to construct a 102-unit,
21-5tor> condominium towe:- to ~e known as "Coconilla. Residential Tower.>> and an additional
ten Z-s '.('["V ,'illas on the forrr.e: t:'l:mna site. The proposed c.evelopment would have So marina
promell~:de. mar:l1a storage c~b.:13S. :J. ship's store, a fueling fJcility, and 52 wet slips. TIle
propcs..;j project will result ll1;he reduction of 450 dry slips from the existing marina.
The appl ieant pr0poses to dredge .192 cubic yards of materi;:lI from 0.3 acre of submerged lands
:md cxc~vatt: i2.895 cubic yarc.s of material from 3.6 acres of uplands. TIle boat basin would
inciuc~ : .u25 feet ofretair.ing wall and 0.8 acre of littoral shelves that would be planted with
m...ngr.:.';c:;. The littor:!.l s:,e!'.'cs Jre designed to enhance water circulation in the basin.
n,,~ s::~ IS bounded on the ~:lS: by Vanderbilt Drive, on the north and west by undeveloped land.
and 01". ~hc ~rJUth by the Cocch:tchee River. The site is located in Section 17, Township 48
South. r.am;c:2S E:lst. Coll:er County, Florida.
AJ:pro~, i :naldy ().5 Jeres cf :l:e ::rojeet site occurs within the secondary :tone of a bald eagle nest,
FWC :1 um ber CO-19 . To rr.munlze effects to bald eagle nesting activities, the applicant proposes
severo I neasures in the secondary zones (7S0-foot to 1.500-foot radius) of the nest tree, which is
locateJ 830 feet :lorthv,cst of the project's property boundary on private land. Thc condominium
towe:- \.\.ill be built ~pproxima:e:y 1.068 feet from the nest tree and will be limited to 21-stories
over pZ"lrking. The applicant v.iil demolish the existing marina, complete the marina
rc:ccr.ti t;uration. and condl.~ct Fiic driving during the non-nesting season. Cleanup activities of
the c.e:r.olition mo.:, take ;:-!ace during the nesting seoson in the presence of a bald eagle monitor.
Dcri.~ghe nestir.g seasoa a moni:or (according to Service's 2.002 draft monitoring guidelines)
will b:: :n plilCt;; during J.!1 ~xt:::::or and vcnicnl construction. TI1e applicant proposes to crect the
cr3.l1e: . :;lrIl1g t:1e non-r.estir.1; se::l~on, however, once the c;ancs Cll"e in place, it is anticipated that
3
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the comtruction will continue for 22 months and will take place dwing one nesting season.
Exterior lighting on the north part of the project will be directed downwards or shield to
minimize light innusion to nest CO-19.
5T A ITS OF mE SPECIES
This section summarizes bald eagle biology and ecology as well as information regarding the
statuS and trends of the bald eagle throughout its entire range. The Service;: uses this information
to assess whether a Federal action is likely to jeopardize the continued existence of the species.
The Envirorunent~ Baseline section summarizes infoImation on status and trends of the bald
eagle specifically within the action area. This summary provides the foundation for the Service'!;
assessm~nt of the effects of the proposed action, as presented in the Effects of the Action section.
A thorou;;h tre~\trnent of the biology and ecology ofthe bald eagle, both in south Florida and
throughout its rar.ge. cnn be found in the South Florida Multi-Species Recovery Plan (Service
1 999).
.
TIle bald e~gie was listed as endangered on March 11. 1967, due to significant population
declines 1.3:: FR 4001). On July 12, 1995, the bald eagle's status was downgraded from
eI1danl;e:-,~d to threatened duc to substantial population increases following conservation effons,
includin;; the banning of DOT and other organochlorine pesticides (60 FR 36010). No critical
habit:!.t :1;15 been designated for this species. A proposed rule to delist the bald eagle was
publish;:;d in the Fl:derJI ReQ"!stcr on July 6, 1999.
Oisoibt:.tion
The bald eagle \vt\S !\istorically found throughout the North American continent from the
Aleutian Islands and western Alaska to the Maritime Provinces of Canada and south to the
Florida ~':l.:ys. ~he Gulf Coast, and Baja Colifomia (Curnutt 1996). Apart from Alas~ most
nesting hald cagies were found in Florida. the Chesapeake Bay area, the Great Lakes region,
Maine. ::md the Pacitic Northwest. In Florida, eagles were historically found throughout the stnte.
althougl \ they were probably most abundant along large rivers and lakes. Eagles were ptobably
never :lumcrous in the panhandlc or extreme southe:JSt.em Florida. Today, bald eagle nesting is
prevalc:1 t :llong the southwest coast the Gulf Coast from Pinellas County north to the Suwannee
River. th~ $1. Johr.siOklawaha River basins, and the Kissimmee River valley including Polk ane
Osccob Cuunties (Curnutt 1996).
Hilbit:l~
.
Bald eagles are considered a water-dependent species typicaliy found nem estuaries, large lakes.
reservotts. major rivers, and some seacoast habitats (Weekes 1974. Whitfield et aI. 1974, Gerrard
et aI. 1 ~.J75. Anthony and Isasca 1989, Wood et aI. 1989). Their distribution is influenced by the
avnilabi ii ty of suitable :lest and perch sites near large. open-water bodies~ typic:1lly with high
amour.:s of \\,ater-to-land edge. ~esting habitat includes the nest tree, perch and roost sites, and
adjace:1T i1igi1 use 3IEJS but usually does not include fomging areas. n1e nest, perch. roost sites.
4
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and use areas arou.'1d the nest comprise the nesting territory. The size and shape of a defended
nesting territory varics gready depending on the terrain, vegetation, food availability, and eagle
density in the area (Service 1999). Generally, bald eagle nesting habitat is adjacent to, or near
large bodies of water that are used for foraging (Herrick 1924. Stevenson and Anderson 1994).
Nest sites must also provide good visibility and a clear flight path to the nest (Montana Bald
Eagle Working Group 1991. McEwan and Hirth 1979, Anthony and Issacs 1989).
In Florida. nests are often in the ecotone betWeen forest and marsh or water, and are constructed
in dominant or co-dominant living pines (Pinus spp.) or bald cypress (Taxodium disrichum)
(McEwan and Hirth 1979). About 10 percent of eagle nests are located in dead pine trees while
2 to 3 percent occur in other species, such as Australian pine (Casuarina equisetifolia) and live
oak (Quercus vi,.gi'liana) (Service 1999). The stature of nest trees decrc:1Ses from north to south
(Wood et al. 1989) and in extreme southwest Florida, eagles can nest in black (Avicennia
germinans) and red (Rhi:ophora mangle) mangroves, half of which are snag3 (Curnutt and
Robertson 1994). Kest tn:es in south Florida are smaller and shorter than reported elsewhere;
however, eagles nesting here:: select the largest trees available (Wood et al. 1989, Hardesty 1991).
The smnll size of nest trees in south Florida relative to other ncst sites throughout its range is due
to the naturally smaller stature of Pinus elliomi, P. rQeda, P. palu.'itris and P. clausa in south
Florida.. Service ~ 990 I,
. Reproduction
Most bn:::dillg e:\glc$ constnlct nests within several hundred yards of open water (Robards and
King 1966. Rubalcs .lOd Hodges 1977, Henney et aI. 1978). In Florida. most nests are located
within 2 miles of open water. substanti:1lly further than other reported dist.:lI1ces (McEwan and
Hirth 1 ~79. Wood et aJ. 1989).
In the southeastern L'r.itcd Stnte:! bald eagles nest once: a year, with the mated pair returning ~o
the same breedi:lginest area beginning in csrly September or October, refurbishing their nest
during Novcmber and December, JIld laying eggs in December or Jan\lllI)'(Servicc 1989).
Dependi ng on the ~eographic ilI'ea, incubation may be initiated as early as November or as late 3.5
March, with the eggs requiring about 35 days for incubation. Clutches usually consist of one or
two eggs. but OCc:1slonally three are laid. In Florida, the eaglets will grow to the size of the adult
birds wi thin 10 to J 2 weeks, nt which time they typic:llly fledge (Wood 1987). Parental care may
extend .:+ to 6 \vceks after fledging even though young eagles are fully developed and may not .
remain at the nest after fledging (Service 1989).
The immature bald ~agle lacks the white head. neck and tail. and has a dark beak and dark eyes.
The ovel.:tll color of young eagles is dark to light brown with light-colored base fe:lthers that give
a blotch~/ appex'ancc. The white head and tail plumage may not appear complett: until the eal!lc
is 4 to 5 years of ag~ (Service 1999). -
.
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01/27/2004 17:66
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Foraging
The bald cagle is an opportunistic feeder. Accordingly, its diet varies tremendously, depending
on the time of year and habitat. Most studies indicate that fish are an important component of the
eagle's diet, while birds and mammals accoWlt for the bulk of the remaining foods (Johnsgard
1990). Carrion is taken by many eagles and is also a substantial portion of the diet., especially for
coastal eagles deper-dent on post-spawning salmonids. Non-coastal populations may also rely
heavily on carrion, particularly during late winter and early spring (Johnsgard 1990).
In the southeastern United States the buLk olthe diet is fish. Broley (1947) found catfish
(lctalurus spp.), mullet (MugU cephalus), and turtles to be the most common food items found at
nests in Florida. He also found that the variety of prey items differ among individual pairs.
McEwan (1977) reported 79 percent fish and 17 percent bird prey, by occurrence, based on
788. animal rema:ns recovered from nests. Of these, the dominant items were catfish and the
American coot (Fulica americana).
Movements
Adult hi rds in coostn! Alaska. Canada, the Pacific Northwest, Florida, and the Chesa-peake Bay
areas do not migrate. although dispersal ofyouog may occur seasonally from some of these areas.
Juvenile birds fledged in Florida are highly migratory. More than one-third of the recoveries of
banded eagles wcr~ mr.de 1,000 miles or more north of Florida, and all during the non-nesting
sc:3.Son (8reley 1947). If paired, it is assumed these birds remain in Florida, as do most other
paired ~Jults. If not p:1ir~d, it is not clear whether these birds continue to migrate north during
summer or remain in Florida with the breeding adults (Service 1999). Most radio-coi1ared
juveniles return to nesting areas each year, but a small proportion remain a.way for 2 to 3 years.
In Flori da. bald e~glcs breed and nest during the temperate winter. Contrary to changes in habitat
use exhibited by northern United States bald eagle populations, eagles in the southern United
States do not substantially alter habitat use throughout tbe year. Some adults may remain in and
defend their nesting territory outside of the breeding season (palmer 1988), use or defend
portions oft.heir ter.'itory. or disperse: and congregate at predictable food sources such as landfills.
Of those adults that do not maintain territories throughout the year. most are not thought to leave
the state. Conversely, following fledging, many juvenile eagles disperse north and summer from
along the Atlantic Coast west to the Appalachian Mountains, and north as f3l' as Canada (Broley
1947, Wood and Collopy 1995).
StatuS nnd Trends
Bald eagle ne:sting in Florida has been widely studied~ and published accounts are available from
a vari et'Y 0 f sources. Bro ley (1941) was the first to document a decline in eagle nesting in the late
19405. A further decline from 73 to 43 active nesting areas was reported for west central Florida
between 1936 llI1d 1956 (Broley 1958). Howell (1973) reported a decline in nesting around
Merritt [sland from ::4 nests in 1935 to 4 nests in 1971. An excellent summary was provided by
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Peterson and Robenson (1978), in which they characterized the bald eagle population of the
19705 as less than 50 percent of historic numbers with continued, yet slow decreases.
In the early 19505. State natural resource agencies and conservation organizations initiated
surveys for nesting bald eagles which revealed that bald eagle numbers declined from historic
numbers in many locations. A nationwide survey by the Service. several State wildlife agencies,
and conservation groupS in 1974 indicated that eagle numbers and thcirreproducnve success in
certain areas were low enough to warrant protective actions.
In Florida, bald cagle nesting and productivity has increased dramatically since the early 19705.
Florida currently supports the highest number of breeding bald eagles of any southeastern state,
supporting appro~~imately 70 percent of the occupied territories in this region (Nesbitt 1995).
Although numbers and productivity of bald eagles are increasing in Florida, concerns remain
about the cumulative impacts associated with continued agricultural, residential. and commercial
development (Wood 1987. Nesbitt 1995).
Data provided by the FWC (see table below) indicate there has been a steady increase in the
number of bald eagle nests in Florida since 1982.
.
YEAR NO. OF NESTS
1982 ]40
198' 375
1987 391
1988 399
1989 439
1990 '3.5
1991 601
1992 6.52
1993 667
1994 764
1995 831
1996 876
1997 9\2
1998 980
1999 1043
:2000 1069
2001 1102
2002 1133
.
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Threats
A priman' threat to bald eagles after World War II ~ the ~despread use of the pesticide DOT
for mosquito control (Broley 1950). It was sprayed dlfectly mto wetlands, entered tbe food
chain, and resulted in eggshell thinning. This caused massive reproductive failure which became
evident in the 1960s. Peterson and Robertson (1978) indicated that the eagle population
decreased by 50 percent in a 30.year period. In response, the Federal government banned the use
ofDDT in 1972.
A major threat to eagles continues to be habitat loss and degradation from human alteration of
the environment (Heinzman 1961, 1962, and Smith 1969). This is especially true along coasts
and waterways where development has increased, Nesbitt et al. (1993) compared productivity of
Florida b:lld cagle nests near human disturbances with nests in more natural, undisturbed settings
and did not find significant differences in productivity. Millsap et a1. 2002 found that survival of
rural and ~ub\lrban birds was similar prior to dispersal, but mortality of suburban fledglings
increased disproportionately during their first northward migration. An additional hazard to
eagles, occurring predomin::mtly in the western United States. involves death from lead and
chemical poisoning. Lead poisoning results from the ingestion of lead shot that remains in dead
or dying J,irds shot by hunters. Chemical poisoning occurs when eagles feed on nuisance animals
th:lt have been inte~tionally poisoned.
.
Other thn:ats to eagles include elec~ocution from power lines. harmful substances encountered at
landfil1~. chbmydial infection to suburbnn eagles transmitted by the monk. parakeet (Myiopsitta
monachus). and second:uy impacts from pred:ltor control actvitics (Millsap et a1. 2002).
For each bald cagle recovery unit in the United States (e.g., Southeast, Chesapeake Bay. Northern
States, Smllhwcst. Pacific), the Service worked with the stn.tes to produce guidelines that provide
recom.rncnd:ltion::; to avoid or minimize detrimental human-rebtcd effects to nesting bald eagles.
These ind uJe rccor.unend~tions on the frequency, dist:lnc::. and type of disturbances tbat should
be avoid~~d in the ':icinity of bald eaglt: ~est.s. Though the guidelines vary from region to region.
they gener:llly pro\ide for spatial and tempor~l protection of the nest site and foraging 3I'cas.
These: guidelines h:l\'e been widely adopted by Federal and State agencies and are applied to both
public ~d pri \'::1tc land:;.
The Guicclincs h~ve be:::1 used in Florida to avoid or minimiz.e potential adverse effects to
nesting t'Jld engif.:s. ~esbin et al. (1993) evaiuated the effectiveness of the Guidelines in
protecting bald eagle habitat and found that bald eagle use and productivity were not significantly
affected hy cncroachrner.t if the Guidelines were implemented as recommended. These results
lead to th~ cunclusion that no modifications to the Guidelines were needed.
Status of th~ species '.vithin the acrion :ll'ea
.
The :lctlnn :J.rea is de:ined::L.S the lO.S.acre project site :lnd the area within lS00-feet of bald eagle
nest CO-I? Pon:0ns 0:- this 1.500.[00t zont: JI"C outside of the proposed project footprint. ~est
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CO-19 was f1rst discovered during the 1990-1991 nesting season and has been active in every
nesting season since then~ with the exception of 1992-1993. During this time the nest has been
documented to produce 13 fledglings, including 2 per year in each of the last four nesting
seasons.
The nest tree is located in a slash pine (Pinus elliottz1 approximately 830 feet northwest of the
project site on private land. The area immediately surrounding the nest and the entire primary
zone is tlndcvelopcd. Within the action area. Vanderbilt Drive is located 920 feet east of nest
CO-19. "[be Arbor Trace development is located 1,230 feet north of1he nest. A 17-storytower
located outside oithe secondary zone, 1~550 feet north of the nest~ was built at Arbor Trace from
2000 to :001. TIle Wiggins Pass Marina bas been in existence on the project site for 25 years.
Activities at this site have included moving boats between the storage facility and the marina,
and repairs to boats. The Coeohatchec Bay development began work on a golf course located
750 feet cast of the nest tree during the non-nesting season in 2002. There are currently no
building~ within the primary or secondary zone that are more than 3 stories high.
Signific~nt bodies of water that may serve as foraging ~3S in the general vicinity include the
Wiggins Bay (0.2 mile to the west), Cocohatchee River (0.4 mile to the south), Gulf of Mexico
(0.3 mile to the west), Water Turkey Bay (1.1 miles to the south), and Little Hickory Bay
(1.5 miles to the r;orth), the C::1loosahatchce River (1.2 miles to the north-northwest), Lakes Park
(2.3 mj1c~ to the :::15t), Hendry Creck (2.7 miles to the east-southeast), the wetlands and waters of
Estero B:1Y Aquatic Presc:\'e ::md State Buffer Pre5erve (2.7 miles to the south) and ar..
approxi matcly .:16-acre borrow pit loc:1ted 0.3 mile to the southeast.
fFFECTS {IF THE AC110N
This ~erTlon includes an analysis of the direct and indirect effects of the proposed action on the
species ~~l1d its intcrrcl:ned and bter-dependent actions. To determine whether the proposed
action is likely t(l jeopardize the continued existence of threatened or endangered species in the
action :lJ'C:l. we focus on consequences of the proposed action that affect rates of birth. death.
immibrr~llion. and emigration :,ecause thc probability of extinction in phmt and animal
populatiaJl1s is most scr.sitive to changes in these:: areas.
Factors to he Considered
The npplicant h<l.s considered the suggestions made by the Service that would avoid and/or
minimiz:: ctTects to t.~e bald eagles. However. the final ?roject alignment does not conform
compktdy with the Guidelines. The Service recommends thm a proposed project conform with
the Guilidines to the grc:ltest extent possible to minimize the dismrbancc to the bald eagles on
the nest. Accorc.:ng to the applic:lJ1t, however. any fur.r.er design alternatives will not make the
project linancially viable.
Individ 11:11 blC ~:1gles re3ct differently to human encroachrr.ent. When evaluating effectS to
nestin~ ;"Jld c:lgks. :here is a gradient of bald eagle reactions:o human behavior. On one end of
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the gradient, bald eagles that nest in rural environments are generally intolerant of human
disturbance and. typica.lIy, eonstnlct their nests in locations far removed from unpredictable,
daily human disturbance. On the other end of the gradient, bald eagles that nest in urban
environments move in after construction disturbances are completed or already existing. They
maintain nesting territories in areas where human encroachment occurs within the secondary
%One, and occasionally, the primary protection zone.
Analyses for Effects of the Action
D!:neficial EffectS
There are no IalOVill beneficial effects to bald eagles from the proposed activity.
Direct Effects
The bald eagles occupying the :lenon area are likely to be adversely affected by the proposed ~
action. The project may result in direct "take" of the eagles through harm and harassment as a
result oithe noise and distUrbance generated from site work, construction ofbomes and
infrastructure. :md the loss of buffering vegetation in both the primary and secondary protection
zones of the nest tree. These direct effects could cause the eagles to abandon the nest prior to egg
laying, ~bandon the nest while eggs are in the nest which would result in embryo mortality, or
abandon the nest when clUcks are in the nest which would result in chick mortality.
\Vb.ile the nest loention cannot be characterized as remote or undismrbed, the trUe
characterization of this nest is probably somewhere in between lIurban" and "rural." Nest CO-19
is located in a .slash pine approximately 830 feet northwest of the project's northern boundary. A
21-story condominium tower is proposed in the secondary zone approximately 1,068 feet from
the nest tree. The applic:mt will also reconfigure the marina and construct ten 2-story villas, and
associated infrastructUre in the secondary zone. Since nest CO-19 has no historic precedent of
constnlction of a tower in the primary or secondary zone (see Envirorunental Baseline), the
available information is inconclusive in trying to determine the tolerance of these individual
eagles to hum<U1 di:;turb;mces. However. it is evident that the proposed project represents a n~,
more intrusive, Jrld potentially chronic disturbance closer in proximity than other, less disturbing
uses currently in the :1rea of the CO-19 nesting territory.
. '"'--
Project construction will permanently alter the habitat surrounding the bald eagle nest by
ten 2-story villas. a 21-story condominium tower, roads, rcconfiguring the marina, and associated
infrastructure wi~hin the secondary zone oftbe nest tree. Tree and vegetation removal in
combination with constnlction will likely reduce habitat suitability for nesting bald eqles. Bald
eagles usually select nest sites that are removed from human disturbance and tend to relocate
nests or nesting tenitories away from encroaching disturbance, if suitable habitat exists (Broley
1947~ Fraser ct al. 1985). Tree removal may also destroy important perch sites surrounding the
nest tree. The bald e3g1es from nest CQ-19 have been observed perching and foraging from a
tree on the project sire. This tree will be removed during cODstn1.etion. Diurnal perches located
close to the nest Jre important for hunting, loafmg, and monitoring the nest. Favored perches
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that arc: used consistently year-after-year are generally 300 to 600 feet from the nest tree and
provide :m unobstructed view of the nest (Herrick 1924).
Construction-related disturbances such as the operation of heavy equipment, large cranes for the
condominium tower construction, power and hand tools, and human voices are expected to have
adverse effects on this pair of nesting bald eagles when construction occurs during the nesting
season. Even though the applicant has agreed to conduct as much of the construction as possible
during the non-nesting season, some construction is expected to occur within the secondm:y zone
during the nesting SC3Son. TIle applicant has agreed to implement a variety of measmes to avoid
potential dismrbo.nce to the eagles during the nesting season (see Description of the Proposed
Action). However. given the construction of a 21-story tower during the nesting season, and
increased sources :1Od levels of disrorbance in the vicinity of the nest tree, the impacts may be
sufficiently ~d\'erse as to result in nest site abandonment or loss of or reduced productivity (loss
of or reduced fledgling).
Jnterrel:Jted :utd bterdependent Actions
There are no ir:.tcrrclated or imerdei=endent actions associated with the proposed action that is
expected to impac~ bald e:1gles.
. Indirect F ffccc;
Indircct cffe~ts are c:mscd b~' or result from the proposed ac~ion. Jre later in time. and are
rcason:lbly ct:rt:1in to occur. Indin=c~ effects may occur outside the ;}l'e:1 directly affected by the
action. Indir::ct effects may include other Federal actions that have not undergone section 7
consu]~;Jtiol1. but will result from the action under consideration. The indirect effects that could
result :n harm or harassmc:lt to the bald eagles would include [ht:: following: (1) the: noise and
other Jctivity assQciated with the development (landscaping equipment) and access roads
(autorr.obiks and motorcycles), (2) incrc:lSed ::uti fici al lighting from the proposed project a.nd
sUITounc.ling development. (3) l':.t1Imm interaction within close proximity to the eagle nest tree.
and (4) Jny future developments pl;mned within the action area. These indirect effects could
cause the e3gJes to abandon the nest prior to egg laying, ab::mdon the nest while eggs are in the
nest which would result in embryo mortality, or aba.ndon the nest when chicks are in the nest
which w(luld result in chick rnort::1lity.
.
Specie~; Rl.:sponsc to tr.e Proposed Action
Bald c:lgles are n.tlncr.lble to cisn;rbnnce early in the nesting season. i.e., during courtship, nest
buildin~. egg laying. inc'Jbatio:l. and brooding (roughly the Erst 12 weeks of the nesting cycle),
and dis t:Jl'bance duing this cr:rical period may lead to nest :J.bandonment ~.milor chilled or
overhe:1trd eggs or young. Hwnan activity near the nest later in the nesting cycle may cause the
eaglc:l ~~ IlO i1edgc prematurely, the:::eby reducing the likelihood of fledgling survival. The
Service ::,e:ic\"cs human acth;ty, 3S outlined in the applicant's bald cagle management plan and at
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. the distances currently depicted in the site plan. has an increased probability of resulting ill ! o~ C
more of these neg~tivc: effects.
Project implementation wil1likely result in the abandonment of the bald eagle nest site or in the
loss or reduction of productivity or fledglings. The loss of productivity (assuming nest
product~'\'ity equaled the 1 Q-year statewide average of 1.57) would represent about 0.002 percent
of the average annual statewide bald eagle production (Nesbitt 1999). DistUrbance associated
with the project could result in an immediate one-time abandonment of the nest site based on
vegetation removal and construction activities in the secondary zone, intennittent failure of the
nest site based on habitat degradation and human encroachment, partial failure of the nest site
(loss of or reduced fledgling) based on habitat degradation and human encroachment, or
permanent abandorunent upon the completion ofllie project, with the subsequent collapse of the
nest itself.
CUML~LA rIVE EFFECTS
Cumulative effects :nclude the effects of future State. local, or private actions that are reasonably
certain to occur in the action 3I'ea considered in this biological opinion. Future Federal actions
that are unrelated to the proposed action are not considered in this section because they require
separ:ltL: <.:onsult:ltion pursuant to section 7 oftbe ESA. The Service has considered C'JIt1u1ative
. effects ofthi~~ project on the e:l.gle nest. and in this instance, there me no cumulative effects.
~ONCL '_'SION
After fC\'icwing the cur-ent status of the bald eagle, the environmental baseline for the action
:lfea, the effects of the proposed action, and the cumulative effects, it is the Service's biological
opinion :l1at the project as proposed, is not likely to jeopardi7..e the continued existence of bald
eagles. No critical habitat has been designated for this species; therefore, :lone will be :rlI'ected.
Data p:-ovidcd by the F\VC indicate that the number of bald cagle nests in Florida has more than
doubled ~incc 1982. While human distUrbance may lead to abandonment of this nest, the eagles
may bui 1<1 a new nest elsewher:. The loss of this nest. including the loss of eggs or chicks, will
not appn:l.:iaoly arTec: the overall survival and recovery of the bald eagle in Florida.
III. INCIDENTAL TAKE STATEMENT
Sections .:o(d) a.nd 9 of the ESA. as amended, prohibit taking (harass, harm, pursue, hun~ shoot,
wound. kill. lrap. capture or collect, or to attempt to engage in any such conduct) ofESA-listed
species (1f fish or wildlife without a special exemption. "Harm":md "harass" arc further defmed
in Ser....ice rcguI3tions (50 CFR 17.3). "Harm" is defined to include significant habitat
modific::ltion or degraJation that results in death or injury to ESA-listed species by significantly
impairin~ behavior:ll patterns such as breeding, feeding~ or sheltering. "Harass" is defined as an
intention:}1 or negligent act or omission which creates the likelihood of injury to wildlife by
.
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annoying it to such an extent as to significantly disrupt nonnal behavioral pattems. which
include. but are not limited to, breeding, fceding, or sheltering.
Under the tenns of sectioDS 7(b)(4) and 7(0)(2), taking that is incidental to and not intended as
part of the agency action is not considered a prohibited taking provided that such taking is in
compliance with the tenns and conditions of this incidental take statement. The measures
described below are nondiscretionary, and must be implemented by the agency so that they
become binding conditions of any grant or pennit issued to the applicant, as appropriate, in order
for the exemption in section 7(0)(2) to apply.
The Federal agency has a continuing responsibility to regulate the activity that is covered by this
incidental take statement. If the agency (1) fails to require the applicant to adhere to tbe terms
and conditions of the incidental take statement through enforceable terms that are added to the
permit or grant document, or (2) fails to retain oversight to ensure compliance with these tenns
and conditions, the protective coverage of section 7(0)(2) may lapse.
AMOUNT OR EXTENT OF TAKE ANTICIPATED
The Service has reviewed the biological infonnation for this species. information presented by
the npplic:mt, and other available ioformation relevant to this action, and based on our review,
incidental take. in the form ofharm or harassment, is anticipated for tbe adult bald eagles. their
eggs. or their young at CO-19 nest. Hann or harassment may result in the eagles abandoning the
nest prior to egg laying, abandoning the nest while eggs are in the nest, which would result in
embryo mortality. or abandoning the nest when chicks are in the nest, which would result in
chick mortality. Jncidenull3.ke as described above may occur during the 2003-2004 nesting
se:1Son and/or subsequent nesting seasons for the life of the project. Nesbitt (1995) analyzed
Florida bald eagle nesting data collected from 1973 through 1995 and reported an average of
1.05 bald eagle chicks produced per nesting territory. Using Nesbitt's estimation of bald eagle
productivity, the project may result in the take of 1.05 nestlings per year.
Effect of the Take
The proposed action will result in the loss of productivity from one bald eagle nest out of the
24 nests known to occur in Collier County. The project may result in the take of 1.05 nestlings
per YC:II. Including this project, there are nine nests in south Florida that may have lost
productivity due to Corps permitted actions since January], 2000. In the accompanying .
biologjc::u opinion. the Service determined that this level of anticipated take is not likely to result
in jeopardy to the species.
REASONABLE AND PRUDENT MEASURES
When providing an incidental take statement., the Service is rl:quired to give reasonable and
prudent measures it considers necessary or appropriate to minimize the take along with terms and
conditions that must be complied with, to implement the reasonable and prudent measures.
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Furthennore, the Service must also specify procedmes to be used to handle or dispose of any
individuals taken. The Service believes the following reasonable and prudent measures are
necessary and appropriate to reduce take and to minimize the direct and indirect effects of the
proposed proj ect on the bald eagles, their eggs or their young, :.m.d their nesting territory:
1. For the duration of the project. the applicant must take all necessary steps to minimize the
potcntial for incidental take of bald eagles during each nesting season and within the
secondary zone of the nest tree. During the constrUction ofthe project, the applicant t;nust
make reasonable effort to preserve the integrity of the bald eagle nest tree, the nest, and the
surrounding habitat located within the primary and secondary zone.
2. Upon the onset of the nesting season each year ofconstnlction (October I). the applicant has
agreed to initiate monitoring according to Service draft monitoring guidelines. to detect the
presence of baid eagles on the project site and, jf present., any abnonnal bald eagle behavior,
since site work and building construction within the secondary zone is proposed to occur
during the nesting season. This monitoring should be conducted 3 days per week for
4 consecutive hours each morning while construction is occurring.
TERJv1S AND COND1110NS
To implement llw Jbove re:lSonable and prude.I'lt measures. the ServiCe has outlined the following
terms and conditions. In accordance with the Interagency Cooperation Regulation (50 CFR 402),
these terms and (;ondi~lo=-ts .Qlli! be complied with to implement the reasonable and prudent
measures:
1. The ;1pplkant must impleme=-tt and adhere to the September 17,2003. bald eagle management
plan.
2. The :.lppECanl must make every effort to conduct constn:ct:on activities that are closest to the
nest tree during the non-nesting season.
3. Every effort m,,;st be made ~o complete constrUction activides within the second3ry zone of
the nest tree before the onset of the nesting season each year, October 1. In the event that
construction activities are proposed to occur within the secondary zone of the nest tree after
the f:egi.nning (If the annual nesting season, the applic~t must initiate monitoring to detect
the presence of bald eagles on the project site and, if present, any abnormal bald eagle
behavior. as provided in the applicant's bald eagle management plan.
4. If ~bnormal bald co:!glc a.ctivity is observed, the applic::l."1t must immediately contact the
Ser.'ice to Jt:tc:n:ir:~ if there are alternative methods of construction that can be used to
minimize disturbance to the eagle.
5. If a dead bald c:lglt.: is found at the project site. the :lpp:icJJ1t must notify the South Florida
Fie!d Office immediately at 772-562-3909.
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~OORDINA nON OF INCIDENT At TAKE ST A TE!\1ENT WITH 0111ER LAWS.
BEGULA nONS. AND POUCIES
To the extent that this statement concludes that take of any threatened or endangered species of
migrator! bird will result from the agency action for which consultation is being made, the
Service will not refer the incidental take of any such migratory bird or bald eagle for prosecution
under the Migratory Bird Treaty Act of 1918, as amended (16 U.S.C. ~g 703-712), or the Bald
and Golden Eagle protection Act of1940, as amended (16 U.S.C. ~~ 668-668d), if such take is in
compliance with the terms and conditions (including amount andlor number) specified herein.
IV. CONSERVATION RECOMMENDATIONS
Section -:"(8)(1) of the ESA directs Federal agencies to utilize their authorities to further the
purposes of the ESA by carrying out conservation programs for the benefit of endangered and
threatened species. Conservation recommendations are discretionary agency activities to
minimize or :1void adverse effects of a proposed action on ESA-1isted species or critical habitat,
to help implement recovery plans, or to develop information.
.. Mak~ a contribution to the Wildlife Foundation of Florida to further Bald Eagle conservation
in the state of Florida.
V. REINITIATION - CLOSING STATEMENT
nus concludes fonnal consultation on the :1ction outlined in the request. As provided in 50 CFR
Section ..10::'.16, rl:~nitiatibn of formal consultation is required when discretionary Federal agenc)'
involvement or control over the action has been retained and if: (1) the amount or extent of
incidental take is exceeded. (2) new information reve31s effects of the agency action that may
affect ESA-listed species or critic:J.1 habit:lt in a manner or to an extent not considered in this
biological opinion, (3) the agency action is subsequently modified in a manner that causes an
effect to the ESA-listed species or critical habitat not considered in this biological opinion. or
(4) a r.ew species is listed or critic:J..I h&1bitat is designated that may be affected by the action. In
instance:; where the JJllount or e..'(tent ofincidentol take is exceeded, any operntions causing such
take must ce:lSC ?ending reinitiation.
Thank you for your cooperation and effon in protecting fish and wildlife resources. If you have
any que~tions regarding this project, please contact Allen Webb at 772-562-3909.
Sincerely yours,
James J. Slack
Field Supervisor
South Florida Ecological Services Office
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Servic~ Atlanta., Georgia (Ken Graham)
FWC, T alJahassee. Florida (Dan Sullivan)
FWC, Punta Gord~ Florida (Jim Beever)
Collier County Audubon, NaplC3. Florida (Brad Cornell)
Collier County, Naples, Florida (Barbara Burgeson)
Corps, Tampa, Florida (John R. Halt)
EP A, West Palm Beach, Florida (Richard Harvey)
EPA, Fort Myers, Florida (Steve Lawrence)
SFWMD, Fort Myers, Florida
Naples, Florida (Mimi Wolok)
Audubon of F1orid~ Maitland, Florida (Lynda White)
North Bay Civic Association, Naples~ Florida (Doug Fee)
Cape Coral, Florida (RalfBrookes)
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McEwan L.C. 1977. Nest site selection and productivity of the southern bald eagle.
Unpublished Masters Thesis, University of Florida, Gainesville, Florida.
McEwan: L.C., and D.H. Hinh. 1979. Southern bald eagle productivity and nest site selection.
Journal of Wildlife Management 43:585-594.
Millsap B.T., J. Breen, E. McConnell~ T. Steffel', L. Phillips, N. Douglass,. and S. Taylor. 2002.
Comparative fecundity and survival of bald eagles fledged from suburban and nual natal
areas. Final Performance Report. Florida Fish and Wildlife Conservation Commission,
Tallahassee, Florida, USA.
Montarnl Bald Eagle Working Group. 1991. Habitat management guide for bald eagles in
nonhwestern Montana. Bureau of Land Management; Billings, Montana. .
Nesbitt. S.A. 1995. Bald eagle population monitoring. Annual perfonnance report. Florida
Game and Fr~h Water Fish Commission; Gainesville, Florida.
Nesbitt. S.A. 1999. Bald eagle population monitoring. Annual performance report. Florida
Game and Fresh Water Fish Commission, Gainesville, Florida. Spp.
Nesbitt. S.A., MJ. Folk, amd D.A. Wood. 1993. Effectiveness of bald eagle habitat protection
guidelines in Florid:l. Proceedings of the 41" Annual Conference of the Southeastern
Associ:ltion ofFish and Wildlife Agencies. 47:333-338.
pahner, R.S. 1988. H"andbook of North American birds, Volume 4. Yale University Press; New
Haven, COMecticut.
Peterson. D.W. and \V.B. Robertson, Jr. 1978. Threatened southern bald eagle. Pages 27-30 in:
H.W. Kale II. ed. Rare:md endangered biota of Florida: volume two, birds. University
Presses Florids; Gainesville, Florida.
Robards. R.C. and lG. King. 1966. Nesting and productivity of bald eagles~ southeast Alaska,
1966. U.S. Fish and Wildlife Service:; Juneau, Alaska.
Robards, R.C. and J. I. Hodges. 1977. Observations from 2,760 bald eagle nest in southeast
Alaska. 1969-1976. Progress repon to the U.S. Fish and Wildlife Service, Anchorage,
A1~ka.
Service (U.S. Fish and Wildlife Service). 1987. Habitat management guidelines for the bald
eagle in the southeastern region. U.S. Fish and Wildlife Service; Atlanta. Georgia.
Service (U.S. Fish and Wildlife Service). 1989. Southeastern states bald eagle recovery plan.
U.S. Fish and Wildlife Service; Atlanta, Georgia.
18
. '81/21/2884 17:86
77813939
U5FW5
~....x:. .&.U'~W
.
.
.
'8 C ...~
Service (U.s. Fish and Wildlife Service). 1999. Multi-species recovery plan for south Florida.
U.S. Fish and Wildlife Service, Vero Beach, Florida.
Smith, G. 1969. American bald eagle. Florida Wildlife 23(2): 12-17.
Stevenson, H.M. and B.H. Anderson. 1994. The bird life of Florida. University Press of Florida,
Gainesville. FloridtL
Weekes, F.M. 1974. A survey ofbald eagle nesting attempts in :;outbem Ontario, 1969-1'973.
Canadian Field Naturalist 88(4):41.5-419.
Whitfield, n.W.A., J.M. Gerrard, W.J. Maher, and D.W. Davis. 1974. Bald eagle nesting habitat,
density and reproduction in central Saskatchewan and Manitoba. Canadian Field Naturalist
S8( 4):399-407.
Wood, P.B. 1987. Distribution, ownership status, and habitat characteristics of bald eagle nest
sites in Florida. Final report~ Nongame Wildlife Project 85-020. Florida Game and Fresh
Water Fish Commis~ion; Tallahassee, Florida.
Wood, P.B., T.C. Edwards, and M.W. Collopy 1989. Characteristics of bald eagle nesting
habi~t in Florida. Journal of Wildlife Management 53(2):441-449.
Woo~ P.B. and M.W. Collopy. 1995. Population ecology of sub adult southern bald eagles in
Florida: post-fledging ecology, migration patternS, habitat use, and survival. Final report to
Florida Game and F~csh Water Fish Commission, Nongame Wildlife Program, Tallahassee,
~ri~ . .
Wood. P.B.~ T.e. Edwards, and M.W. Collopy. 1989. Characteristics of bald eagle nesting
habitat in Florida Journal of Wildlife Management 53(2):441-449.
19
~ "
,..
PRESENTATION TO COLLIER CO. COMMI~I~ER ....
FEBRUARY 10,2004
by
ROBERT G. CASSENS
435 DOCKSIDE DRIVE #802
NAPLES, FL 34110
COMMISSIONERS OF COLLIER COUNTY-THANK YOU
FOR ALLOWING ME THE OPPORTUNITY TO SPEAK
ABOUT THE COCONILLA PROJECT.
I AM BOB CASSENS, PROFESSOR EMERITUS OF THE
UNIVERSITY OF WISCONSIN-WHERE I WAS A
TEACHER AND RESEARCHER FOR 33 YEARS. I
WORKED IN THE AREAS OF MUSCLE BIOLOGY AND
FOOD SAFETY. IN 1996, MY WIFE PURCHASED A
CONDOMINIUM UNIT AT PIYC-WE RESIDE THERE
NOW FOR ABOUT 7 MONTHS OF THE YEAR AND
INTEND TO MAKE IT OUR PERMANENT RESIDENCE
SOON.
WE DO NOT WANT A SHOPPING CENTER NEXT DOOR
ON THE FORMER MARINA PROPERTY - THAT TYPE OF
COMMERCIAL ENTERPRISE BELONGS ON HIGHWAY
41-THE VANDERBILT DRIVE AREA IS CLEARLY
RESIDENTIAL.
I WILL SPEAK TO TWO POINTS-(I) COMPATIBILITY IN
THE NEIGHBORHOOD; AND (2) AN ACUTE CONCERN
FOR THE ENVIRONMENTAL CONDITION OF THE
Ii 8 C - .,
WIGGINS PASS ESTUARY.
FIRST-ANYTHING OTHER THAN A RESIDENTIAL
DEVELOPMENT ON THE FORMER MARINA PROPERTY
WOULD BE TOTALLY OUT OF PERSPECTIVE FOR THE
AREA. THERE IS A CLUSTER OF HIGH-RISE BUILDINGS
PERMITTED TO THE IMMEDIATE NORTH. FROM THE
SOUTH, THERE IS THE EXISTING ANCHORAGE, THE
EXISTING MARINA BAY, AND THE EXISTING PIYC.
THE COVE TOWERS COMPLEX LOOMS TO THE EAST.
WHY WOULD YOU EVEN CONSIDER PLACING A
COMMERCIAL DEVELOPMENT INTO THE MIDST OF
THAT SKYLINE? THE PROPOSED COCONILLA PROJECT
WOULD FIT PERFECTLY INTO THE TOTALLY
RESIDENTIAL AREA.
SECOND, AND IN REGARD TO THE ENVIRONMENT, MY
OPINION IS THAT THE FORMER MARINA SITE IS A
LEACHING, CONTAMINATED POINT SOURCE OF TOXIC
CHEMICALS THAT IS DESTROYING THE WIGGINS PASS
ESTUARY. IT MUST BE CONTAINED AND CLEANED
UP, AND THE COCONILLA PROJECT IS PLEDGED TO DO
THAT. THE SOONER THAT JOB IS DONE THE BETTER.
ACTUALL Y, I AM CONCERNED THAT IF "THE EAGLES"
CONTINUE TO EAT THE LOCAL FISH, THEIR
OFFSPRING WILL PRESENT US WITH A "SILENT
SPRING" ALL OVER AGAIN.
ruST PLAIN OLD GOOD COMMON SENSE TELLS US TO
BUILD A RESIDENTIAL PROJECT-NOT SOMETHING
NORTH BAY CIVIC ASSOCIATION, INC
PROTECT OUR LIVES
LIMIT
DENSITY ALONG THE COAST
~
PETITION
8 c -II
..:~,
We, the undersigned, members of the North Bay Civic Associatiqn and/or citizens of Collier
County, hereby urge the Board of County Commissioners, and the Collier County Planning
Commission, and the Federal and State Agencies, to minimize the danger to life and property
from hurricanes and provide for the safety and welfare of its citizens. The Collier County Growth
management Policy 12.2.2 limits new residential development, (thus obligation to infrastructure
expenditures) to a maximum of four dwellinG units per gross acre within the coastal high
hazard area. Further, we the citizens, agree that the BOCC in LDC 12.2.20.3.1 may lessen
density or intensity of development when it is determined it would: be in conflict with the intent
or provisions of the GMP, and/or create a threat to property or incur abnormal public expenses in
Areas subject to natural hazards. 4 units or less is the Intent of our GMP along the Coast.
SEND TO: NORTH BAY CIVIC, PO BOX 770273, NAPLES, FLORIDA 34107
o &.I.. _.
NORTH SAY CIVIC ASSOCIATION, INC
PROTECT OUR LIVES
LIMIT
DENSITY ALONG THE ~t'- 41
.....""
PETITION
'fi._~'"
We, the undersigned, members of the North Bay Civic Association and/or citizens of Collier
County, hereby urge the Board of County Commissioners, and the Collier County Planning
Commission, and the Federal and State Agencies, to minimize the danger to life and property
from hurricanes and provide for the safety and welfare of its citizens. The Collier County Growth
management Policy 12.2.2 limits new residential development, (thus obligation to infrastructure
expenditures) to a maximum of four dwellinG units per gross acre within the coastal high
hazard area. Further, we the citizens, agree that the BOCC in LDC 12.2.20.3.1 may lessen
density or intensity of development when it is determined it would: be in conflict with the intent
or provisions of the GMP, and/or create a threat to property or incur abnormal public expenses in
Areas subject to natural hazards. 4 units or less is the Intent of our GMP along the Coast.
SEND TO: NORTH BAY CIVIC, PO BOX 770273, NAPLES, FLORIDA 34107
8e
NORTH BAY CIVIC ASSOCIATION, INC
PROTECT OUR LIVES
LIMIT
DENSITY ALONG THE COAST
-'"
PETITION
..-.
We, the undersigned, members of the North Bay Civic Association and/or citizens of Collier
County, hereby urge the Board of County Commissioners, and the Collier County Planning
Commission, and the Federal and State Agencies, to minimize the danger to life and property
from hurricanes and provide for the safety and welfare of its citizens. The Collier County Growth
management Policy 12.2.2 limits new residential development, (thus obligation to infrastructure
expenditures) to a maximum of four dwellinG units per gross acre within the coastal high
hazard area. Further, we the citizens, agree that the BOCC in LDC 12.2.20.3.1 may lessen
density or intensity of development when it is determined it would: be in conflict with the intent
or provisions of the GMP, and/or create a threat to property or incur abnormal public expenses in
Areas subject to natural hazards. 4 units or less is the Intent of our GMP along the Coast.
SEND TO: NORTH BAY CIVIC, PO BOX 770273, NAPLES, FLORIDA 34107
8e
4.
NORTH BAY CIVIC ASSOCIATION, INC
PROTECT OUR LIVES
LIMIT
DENSITY ALONG THE COAST
"I_ii!ll:~<<
PETITION
;1'JI<_1!k!';
We, the undersigned, members of the North Bay Civic Association and/or citizens of Collier
County, hereby urge the Board of County Commissioners, and the Collier County Planning
Commission, and the Federal and State Agencies, to minimize the danger to life and property
from hurricanes and provide for the safety and welfare of its citizens. The Collier County Growth
management Policy 12.2.2 limits new residential development, (thus obligation to infrastructure
expenditures) to a maximum of four dwellinG units per gross acre within the coastal high
hazard area. Further, we the citizens, agree that the BOCC in LDC 12.2.20.3.1 may lessen
density or intensity of development when it is determined it would: be in conflict with the intent
or provisions of the GMP, and/or create a threat to property or incur abnormal public expenses in
Areas subject to natural hazards. 4 units or less is the Intent of our GMP along the Coast.
fib~~~
Add= ~
(p '6 rr /1,1, ~ 1 iM'i ~.iJ. 0/, f\I~ ~ 11 ,31- Ii.
11 .' II )} 1\
SEND TO: NORTH BAY CIVIC. PO BOX 770273, NAPLES. FLORIDA 34107
Be
........ .
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1.\~ORIHBA..LCIJ!lC.AS5acL.J.TIO..M.'/J.VC
SA. VETHEJ.fA..R.lLVA.
PEI'IILO.N
We, the undersigned. Citizens of Collier County, hereby urge the Ariny Corps of Engineers. the pepartment ofEnvironmcntal
Protection, the Collier County Board of Commissioners, and the Collier County Planning Commission to act in the overall best
interest of Collier County and deny the Applications & the Rezone. There are significant reasons why the public interest is not
served with a change of use on this property including: Collier Co1Dlty Growth Management policies which encourage water
dependent uses over residential, environmental issues (Active Eagle Nest & Man:ltees), Water Quality (Florida Outstanding
Waterways, Cocohatchee River), Dredging of3.6 acres. We, the Citizens are opposed to the Rezone, and would prefer to have
the property remain commercial. We oppose any residential use that would allow any buildings to be constructed above the 75
foot C-4 commercial limit that the property is CUITeDtly zoned for.
-$ ~/l a
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N.ORTHlM.Y..ClYI.c.ASSl:1ClAXlDlY.,JNC
SAYE.IHE..MA.RlNA
PETITION
We, the undersigned, Citizens of Collier County, hereby urge the Army Corps of Engineers, the Department of Environmental
Protection, the Collier County Board of Commissioners, and the Collier County Planning Commission to act in the overall best
interest of Collier County and deny the Applications & the Rezone. There are significant reasons why the public interest is not
served with a change of use on this property including: Collier County Growth Management policies which encourage water
dependent uses over residential, environmental issues (Active Eagle Nest & Manatees), Water Quality (Florida Outstanding
Waterways, Cocohatchee River), Dredging of 3.6 acres. We, the Citizens are opposed to the Rezone, and would prefer to have
the property remain commercial We oppose any residential use that would allow any buildings to be constructed above the 75
foot C-4 commercial limit that the property is currently zoned for.
r
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SA.J!ET~
8C~I;
PEXIILON
We, the undersigned, Citizens of Collier County, hereby urge the Army Corps of Engineers, the Department of Environmental
Protection, the Collier County Board of Commissioners, and the Collier County Planning Commission to act in the overall best
interest of Collier County and deny the Applications & the Rezone. There are significant reasons why the public interest is not
served with a change of use on this property including: Collier County Growth Management policies which encourage water
dependent uses over residential, environmental issues (Active Eagle Nest & Manatees), Water Quality (Florida Outstanding
Waterways, Cocohatchee River), Dredging of 3.6 acres, We, the Citizens are opposed to the Rezone, and would prefer to have
the property remain commercial. We oppose any residential use that would allow any buildings to be constructed above the 75
foot C-4 commercial limit that the property is currently zoned for.'
p'
(I)
NnRTHBAYCLJ!n:;1tSSQCMTL~L~C
SJlYEJHE..MARINA
Be" ~"'
-..
PETITION
We, the undersigned, Citizens of Collier County, hereby urge the Army Corps of Engineers, the Department of Environmental
Protection, the Collier County Board of Commissioners, and the Collier County Planning Commission to act in the overall best
interest of Collier County and deny the Applications & the Rezone. There are significant reasons why the public interest is not
served with a change of use on this property including: Collier County Growth Management policies which encourage water
dependent uses over residential, environmental issues (Active Eagle Nest & Manatees), Water Quality (Florida Outstanding
Waterways, Cocohatchee River), Dredging of 3.6 acres. We, the Citizens are opposed to the Rezone, and would prefer to have
the property remain commercial. We oppose any residential use that would allow any buildings to be constructed above the 75
foot C-4 commercial limit that the property is currently zoned for.
NllRIHBA Y CLFICAS.'iOC1A TlflN,IND
8 .. ,.:.".'
SAJlBIHEMARINA C". ; ....
J?ETITlON
We, the undersigned, Citizens of Collier County, hereby urge the Anny Corps of Engineers, the Department of Environmental
Protection, the Collier County Board of Commissioners, and the Collier County Planning Commission to act in the overall best
interest of Collier County and deny the Applications & the Rezone. There are significant reasons why the public interest is not
served with a change of use on this property including: Collier County Growth Management policies which encourage water
dependent uses over residential, environmental issues (Active Eagle Nest & Manatees), Water Quality (Florida Outstanding
Waterways, Cocohatchee River), Dredging of3.6 acres. We, the Citizens are opposed to the Rezone, and would prefer to have
the property remain commercial. We oppose any residential use that would allow any buildings to be constructed above the 75
foot C-4 commercial limit that the property is currently zoned for.
/It::.Aec "?Ct I (r:~;
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NDRTHBAYCLJ!IC~1D1~4_INC
.;. ",.,:
,Be
SAY.KTHEMARlN.A
PETIXlnN
We, the undersigned, Citizens of Collier County, hereby urge the Army Corps of Engineers, the Department of Environmental
Protection, the Collier County Board of Commissioners, and the Collier County Planning Commission to act in the overall best
interest of Collier County and deny the Applications & the Rezone. There are significant reasons why the public interest is not
served with a change of use on this property including: Collier County Growth Management policies which encourage water
dependent uses over residential, environmental issues (Active Eagle Nest & Manatees), Water Quality (Florida Outstanding
Waterways, Cocohatchee River), Dredging of 3.6 acres. We, the Citizens are opposed to the Rezone, and would prefer to have
the property remain commercial. We oppose any residential use that would allow any buildings to be constructed above the 75
foot C-4 commercial limit that the property is currently zoned for.
-,,,"
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NDKTHBA~CIVICAS:9QCIAT10N,I1iC
. Be I'
SA1!B.XRBMAR1NfI
.1!BTLT1D1Y
We, the undersigned, Citizens of Collier County, hereby urge the Army Corps of Engineers, the Department of Environmental
Protection, the Collier County Board of Commissioners, and the Collier County Planning Commission to act in the overall best
interest of Collier County and deny the Applications & the Rezone. There are significant reasons why the public interest is not
served with a change of use on this property including: Collier County Growth Management policies which encourage water
dependent uses over residential, environmental issues (Active Eagle Nest & Manatees), Water Quality (Florida Outstanding
Waterways, Cocohatchee River), Dredging of3.6 acres. We, the Citizens are opposed to the Rezone, and would prefer to have
the property remain commercial. We oppose any residential use that would allow any buildings to be constructed above the 75
foot C-4 commercial limit that the property is currently zoned for.
II
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!.... -,. ~I . "';/!
....i
ivic Association, Inc., PO Box 7702 3, Naples, Florida 341
6J
NlJRTH1J.AY.ccYLCASSOC1A Tla~INC
., ' ,8 C - '1
SdVB THEMUtlNJ!
PETITlOiN
We, the undersigned, Citizens of Collier County, hereby urge the Anny Corps of Engineers, the Department of Environmental
Protection, the Collier County Board of Commissioners, and the Collier County Planning Commission to act in the overall best
interest of Collier County and deny the Applications & the Rezone. There are significant reasons why the public interest is not
served with a change of use on this property including: Collier County Growth Management policies which encourage water
dependent uses over residential, environmental issues (Active Eagle Nest & Manatees), Water Quality (Florida Outstanding
Waterways, Cocohatchee River), Dredging of 3.6 acres. We, the Citizens are opposed to the Rezone, and would prefer to have
the property remain commercial. We oppose any residential use that would allow any buildings to be constructed above the 75
foot C-4 commercial limit that the property is currently zoned for.
North Bay Civic Association, Inc., PO Box 770273, Naples, Florida 34107
@
':'~:,',",._,':,.~-'::. ~/,"::
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SA.J!E.IHB MAB.lNA
PJiT1ILON
We, the undersigned, Citizens of Collier County, hereby urge the Anny Corps of Engineers, the Department of Environmental
Protection, the Collier County Board of Commissioners, and the Collier County Planning Commission to act in the overall best
interest of Collier County and deny the Applications & the Rezone. There are significant reasons why the public interest is not
served with a change of use on this property including: Collier County Growth Management policies which encourage water
dependent uses over residential, environmental issues (Active Eagle Nest & Manatees), Water Quality (Florida Outstanding
Waterways, Cocohatchee River), Dredging of3.6 acres. We, the Citizens are opposed to the Rezone, and would prefer to have
the property remain commercial. We oppose any residential use that would allow any buildings to be constructed above the 75
foot C-4 commercial limit that the property is currently zoned for.
alII 1<
f?i\
(!I
;i.:,: -
NORrHBAY-CD!lCA$$Q.~.. "~.",, ", L
.f ,
&.
'ILl
PETIXLON
We, the undersigned, Citizens of Collier County, hereby urge the Army Corps of Engineers, the Department of Environmental
Protection, the Collier County Board of Commissioners, and the Collier County Planning Commission to act in the overall best
interest of Collier County and deny the Applications & the Rezone. There are significant reasons why the public interest is not
served with a change of use on this property including: Collier County Growth Management policies which encourage water
dependent uses over residential, environmental issues (Active Eagle Nest & Manatees), Water Quality (Florida Outstanding
Waterways, Cocohatchee River), Dredging of3.6 acres. We, the Citizens are opposed to the Rezone, and would prefer to have
the property remain commercial. We oppose any residential use that would allow any buildings to be constructed above the 75
foot C-4 commercial limit that the property is currently zoned for.
\~t(((}
~
(81
lS!.ORTH.BAY_CLV1C ASS.OC1AT1~1NC
~8C"'"
PETITION
We, the undersigned, Citizens of Collier County, hereby urge the Army Corps of Engineers, the Department of Environmental
Protection., the Collier County Board of Commissioners, and the Collier County Planning Commission to act in the overall best
interest of Collier County and deny the Applications & the Rezone. There are significant reasons why the public interest is not
served with a change of use on this property including: Collier County Growth Management policies which encourage water
dependent uses over residential, environmental issues (Active Eagle Nest & Manatees), Water Quality (Florida Outstanding
Waterways, Cocohatchee River), Dredging of 3.6 acres. We, the Citizens are opposed to the Rezone, and would prefer to have
the property remain commercial. We oppose any residential use that would allow any buildings to be constructed above the 75
foot C-4 commercial limit that the property is currently zoned for.
I
l .
/l
150 I )1 ~ tiC' (J/~
North Bay Civic Association, Inc., POBox 770273, Naples, Florida 34107
/j.,
( j /;1
'-"
NJ1BIHJJA.Y...CTV1C.ASSf2CJAT1~1NC
Be" I,r
SAVETHE.MAR1NA-
PEXlIlON
We, the undersigned, Citizens of Collier County, hereby urge the Anny Corps of Engineers, the Department of Environmental
Protection, the Collier County Board of Commissioners, and the Collier County Planning Commission to act in the overall best
interest of Collier County and deny the Applications & the Rezone. There are significant reasons why the public interest is not
served with a change of use on this property including: Collier County Growth Management policies which encourage water
dependent uses over residential, enviromnental issues (Active Eagle Nest & Manatees), Water Quality (Florida Outstanding
Waterways, Cocohatchee River), Dredging of 3.6 acres. We, the Citizens are opposed to the Rezone, and would prefer to have
the property remain commercial. We oppose any residential use that would allow any buildings to be constructed above the 75
foot C-4 commercial limit that the property is currently zoned for.
.if"
If;:.f)
Lj
NORTH&L:.C.lYLC--ASSQCMTI~JNC
~8C
SA.Y.RTHEMARlNA
l!!E.TIXIQN
We, the undersigned, Citizens of Collier County, hereby urge the Anny Corps of Engineers, the Department of Environmental
Protection, the Collier County Board of Commissioners, and the Collier County Planning Commission to act in the overall best
interest of Collier County and deny the Applications & the Rezone. There are significant reasons why the public futerest is not
served with a changetof use on this property including: Collier County Growth Management policies which encourage water
dependent uses over residential, environmental issues (Active Eagle Nest & Manatees), Water Quality (Florida Outstanding
Waterways, Cocohatchee River), Dredging of3.6 acres. We, the Citizens are opposed to the Rezone, and would prefer to have
the property remain commercial. We oppose any residential use that would allow any buildings to be constructed above the 75
/,~, foot C-4,commerciallimit that the property is currently zoned for.
/,,/ ~.. ~ . #....-'..;1<
~.I' " ~7 / .
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e
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NOflTHBAY1:lJ!TC4,'tLC'''lY,JNJ,..,C~
..
SAJiE.IHEMAR1NA
,PETITIQN
We, the undersigned, Citizens of Collier County, hereby urge the Army Corps of Engineers, the Department of Environmental
Protection, the Collier County Board of Commissioners, and the Collier County Planning Commission to act in the overall best
interest of Collier County and deny the Applications & the Rezone. There are significant reasons why the public interest is not
served with a change of use on this property including: Collier COlUlty Growth Management policies which encourage water
dependent uses over residential, environmental issues (Active Eagle Nest & Manatees), Water Quality (Florida Outstanding
Waterways, Cocohatchee River), Dredging of3.6 acres, We, the Citizens are opposed to the Rezone, and would prefer to have
the property remain commercial. We oppose any residential use that would allow any buildings to be constructed ab9ve the 75
foot C-4 commercial limit that the property is currently zoned for.
i)
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3'7'13:;';
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t ... , ' .
SA__I!lLTHIL~ ' 8 C "ii
1!EXlIIDN
We, the undersigned, Citizens ofColIier County, hereby urge the Army Corps of Engineers, the Department of Environmental
Protection, the Collier County Board of Commissioners, and the Collier County Planning Conunission to act in the overall best
interest of Collier County and deny the Applications & the Rezone. There are significant reasons why the public interest is not
served with a change of use on this property including: Collier COlUlty Growth Management policies which encourage water
dependent uses over residential, environmental issues (Active Eagle Nest & Manatees), Water Quality (Florida Outstanding
Waterways, Cocohatchee River), Dredging of 3.6 acres. We, the Citizens are opposed to the Rezone, and would prefer to have
the property remain commercial We oppose any residential use that would allow any buildings to be constructed above the 75
foot C-4 commercial limit that the property is currently zoned for.
r
North Bay Civic Association, Inc., PO Box 770273, Naples, Florida 34107
~.'\
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N..Oll.THBAr.aJ!lC~QCJAXLO~.lNC
'I' 8 ,.
SAJlEJ'HEAUlUNA C J(
PETITION
We, the undersigned, Citizens of Collier County, hereby urge the Anny Corps of Engineers, the Department of Environmental
Protection, the Collier County Board of Commissioners, and the Collier County Planning Commission to act in the overall best
interest of Collier County and deny the Applications & the Rezone. There are significant reasons why the public interest is not
served with a change of use on this property including: Collier Coooty Growth Management policies which encourage water
dependent uses over residential, environmental issues (Active Eagle Nest & Manatees), Water Quality (Florida Outstanding
Watenvays, Cocohatchee River), Dredging of3.6 acres. We, the Citizens are opposed to the Rezone, and would prefer to have
the property remain commercial. We oppose any residential use that would allow any buildings to be constructed above the 75
foot C-4 conunerciallimit that the property is currently zoned for.
'\
North Bay Civic Association, Ioe., PO Box 770273, Naples, Florida 34107
,r:7/' J "\
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NnRrHBA.]~ClV1CASSQC1ATI~INC
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SllJ!E1'FlE .MA RIN.4.
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II
J!EXlImAl
We, the undersigned, Citizens of Collier County, hereby urge the Anny Corps of Engineers, the Department of Environmental
Protection, the Collier County Board of Commissioners, and the Collier County Planning Commission to act in the overall best
interest of Collier County and deny the Applications & the Rezone. There are significant reasons why the public interest is not
served with a change of use on this property including: Collier County Growth Management policies which encourage water
dependent uses over residential, environmental issues (Active Eagle Nest & Manatees), Water Quality (Florida Outstanding
Waterways, Cocohatchee River), Dredging of 3'.6 acres. We, the Citizens are opposed to the Rezone, and would prefer to have
the property remain commercial. We oppose any residential use that would allow any buildings to be constructed above the 75
foot C-4 commercial limit that the property is currently zoned for.
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.s:.iVETHEMARlL~ C
PEIIILON
We, the undersigned, Citizens of Collier County, hereby urge the Army Corps of Engineers, the Department ofEnviromnental
Protection, the Collier County Board of Commissioners, and the Collier County Planning Commission to act in the overall best
interest of Collier County and deny the Applications & the Rezone. There are significant reasons why the public interest is not
served with a change of use on this property including: Collier County Growth Management policies which encourage water
dependent uses over residential, environmental issues (Active Eagle Nest & Manmees), Water Quality (Florida Outstanding
Waterways, Cocohatchee River), Dredging of3.6 acres. We, the Citizens are opposed to the Rezone, and would prefer to have
the property remain commercial. We oppose any residential use that would allow any buildings to be constructed above the 75
foot C-4 commercial limit that the property is currently zoned for.
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SA.VETHE.MA.RlLY.i
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PEIIILON
We, the undersigned, Citizens of Collier County, hereby urge the Army Corps of Engineers., the Department ofEuvironmcntal
Protection, the Collier County Board of Commissioners, and the Collier County Planning Commission to act in the overall best
interest of Collier CoWIty and deny the Applications & the Rezone. There are significant reasons why the public interest is not
served with a change of use on this property including: Collier Comny Growth Management policies which encourage water
dependent uses over residential, environmental issues (Active Eagle Nest & Manatees), Water Quality (Florida Outstanding
Waterways, Cocohatchee River), Dredging of 3.6 acres. We, the Citizens are opposed to the Rezone, and would prefer to have
the property remain commercial. We oppose any residential use that would allow any buildings to be constructed above the 7S
foot C-4 commercial limit that the property is currently zoned for.
Nortb Bay Civic AssociatioD, Inc.. PO Dol: 770273, Naples. Florida 34107
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PEIIILOlY
We, the undersigned, Citizens of Collier County, hereby urge the Army Corps of Engineers. the Department of Environmental
Protection, the Collier County Board of Commissioners, and the Collier County Planning Commission to act in the overall best
interest of Collier County and deny the Applications & the Rezone. There are significant reasons why the public interest is not
served with a change of use on this property including: Collier ColDlty Growth Management policies which encourage water
dependent uses over residentiaL environmental issues (Active Eagle Nest & Manmees), Water Quality (Florida Outstanding
Waterways, Cocohatchee River), Dredging of 3.6 acres. We, the Citizens are opposed to the Rezone, and would prefer to have
the property remain commercial. We oppose any residential use that would allow any buildings to be constructed above the 75
foot C-4 commercia1limit that the property is currently zoned for.
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Nortb Bay Civic Association, Inc., PO Box 770273, Naples, Florida 34107
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NORTHB~ClJ!LC~SO:ClAXLOl'!4.lNC
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PJiXJI:LON
We, the undersigned, Citizens of Collier County, hereby urge the Army Corps of Engineers, the Department of Environmental
Protection, the Collier County Board of Commissioners, and the Collier County Planning Commission to act in the overall best
interest of Collier County and deny the Applications & the Rezone. There are significant reasons why the public interest is not
served with a change of use on this property including: Collier County Growth Management policies which encourage water
dependent uses over residential, environmental issues (Active Eagle Nest & Manatees), Water Quality (Florida Outstanding
Waterways, Cocohatchee River), Dredging of3.6 acres. We, the Citizens are opposed to the Rezone, and would prefer to have
the property remain commercial. We oppose any residential use that would allow any buildings to be constructed above the 75
foot C-4 commercial limit that the property is currently zoned for.
NAME
@
N.ORTHlttY-ClJ!fCASsat::lATIDN,..lNC
./ ;.i8C~ 'l
~,.J!EIHJi.MiUUNA
PET1IIQN
We, the undersigned, Citizens of Collier County, hereby urge the Anny Corps of Engineers, the Department of Environmental
Protection, the Collier County Board of Commissioners, and the Collier County Planning Conunission to act in the overall best
interest of Collier County and deny the Applications & the Rezone. There are significant reasons why the public interest is not
served with a change of use on this property including: Collier County Growth Management policies which encourage water
dependent uses over residential, environmental issues (Active Eagle Nest & Manatees), Water Quality (Florida Outstanding
Waterways, Cocohatchee River), Dredging of3.6 acres. We, the Citizens are opposed to the Rezone, and would prefer to have
the property remain commercial. We oppose any residential use that would allow any buildings to be constructed above the 75
foot C-4 commercial limit that the property is currently zoned for.
North Bay Civic Association, Inc., PO Box 110213, Naples, Florida 34101
~
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NnRXHBAY..CTV1C.A$SQCIA .TI~1NC
8C~la
.sAV.RTHB~ II
l!ETTT10N
We, the undersigned, Citizens of Collier County, hereby urge the Army Corps of Engineers, the Department of Environmental
Protection, the Collier County Board of Commissioners, and the Collier County Planning Commission to act in the overall best
interest of Collier County and deny the Applications & the Rezone. There are significant reasons why the public interest is not
served with a change of use on this property including: Collier County Growth Management policies which encourage water
dependent uses over residential, environmental issues (Active Eagle Nest & Manatees), Water Quality (Florida Outstanding
Waterways, Cocohatchee River), Dredging of3.6 acres. We, the Citizens are opposed to the Rezone, and would prefer to have
the property remain commercial. We oppose any residential use that would allow any buildings to be constructed above the 75
foot C-4 commercial limit that the property is currently zoned for.
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North Bay Civic Association, Inc., PO Box 770273, Naples, Florida 34107
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NORTH&Y1:LYICASSOCfAT10N, LNC
Be
MYRTHR MARIl\lA
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. PETITION
We, the undersigned, Citizens of Collier County, hereby urge the Army Corps of Engineers, the Department of Environmental
Protection, the Collier County Board of Commissioners, and the Collier County Planning Commission to act in the overall best
interest of Collier County and deny the Applications & the Rezone. There are significant reasons why the public interest is not
served with a change of use on this property including: Collier County Growth Management policies which encourage water
dependent uses over residential, environmental issues (Active Eagle Nest & Manatees), Water Quality (Florida Outstanding
Waterways, Cocohatchee River), Dredging of 3.6 acres. We, the Citizens are opposed to the Rezone, and would prefer to have
the property remain commercial. We oppose any residential use that would allow any buildings to be constructed above the 75
foot C-4 commercial limit that the property is currently zoned for.
NAME
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North Bay Civic Association, Inc., PO Box 770273, Naples, Florida 34107
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NDRXHBAY CrvlC.ASSDClA T10N;1NJ::
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SAVE THB/MARfi!v4 '*
.pE'J';r17ON
We, the undersigned, Citizens of Collier County, hereby urge the Army Corps of Engineers, the Department of Environmental
Protection, the Collier County Board of Commissioners, and the Collier County Planning Commission to act in the overall best
interest of Collier County and deny the Applications & the Rezone. There are significant reasons why the public interest is not
served with a change of use on this property including: Collier County Growth Management policies which encourage water
dependent uses over residential, environmental issues (Active Eagle Nest & Manatees), Water Quality (Florida Outstanding
Watenvays, Cocohatchee River), Dredging of 3.6 acres. We, the Citizens are opposed to the Rezone, and would prefer to have
the property remain commercial. We oppose any residential use that would allow any buildings to be constructed above the 75
foot C-4 commercial limit that the property is currently zoned for.
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North Bay Civic Association, Inc., PO Box 770273, Naples, Florida 34107
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NORTH BAY CIVIC ASSOCIATION, INC
8 ~',"-
SAVE OUR EAGLES C ,.
PETITION
We, the undersigned, members of the North Bay Civic Association and/or citizens of North Bay in
Collier County, hereby urge the U.S. Fish & Wildlife Service to protect the habitats and the Eagles
survival for the three nests that are located in the North Bay Area (COOl/C019/C020). The Bald Eagle
Protection Act prevents anyone from doing anything that would harm these eagles. The Bald Eagle is our
national symbol. The Bald Eagle is federally-listed as an endangered species. These Eagles have been in
the North Bay area for many decades. Our State Laws and County Ordinances do not allow for
development to occur in areas where Bald Eagle nests are located. We urge you to look to the Federal,
State, and Local laws and not allow the "Taking" of any of our North Bay Eagles.
Address
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NORTH RAV C'TVTC' A."I."I.OC'TATTON PO ROY 770?7'l NA.PT.l?,"I. lIT.ORmA 1.:1107
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NDRT~CTV1CMsnclAT1D~L7\IC
8 C .,~r
SAVE THBMAR1NA ".
,l!ETII:lON
We, the lUldersigned, Citizens of Collier County, hereby urge the Army Corps of Engineers, the Department of Environmental
Protection, the Collier County Board of Commissioners, and the Collier County Planning Commission to act in the overall best
interest of Collier County and deny the Applications & the Rezone. There are significant reasons why the public interest is not
served with a change of use on this property including: Collier County Growth Management policies which encourage water
dependent uses over residential, environmental issues (Active Eagle Nest & Manatees), Water Quality (Florida Outstanding
Waterways, Cocohatchee River), Dredging of3.6 acres. We, the Citizens are opposed to the Rezone, and would prefer to have
the property remain commercial. We oppose any residential use that would allow any buildings to be constructed above the 75
foot C-4 commercial limit that the property is currently zoned for.
North Bay Civic Association, Inc., PO Box 770273, Naples, Florida 34107
@
NQRTHJL.t.Y:._CI1!LC-ASSQCMIIO~1NC
SAYE.THEMARlNA
8 .....
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C '4;
1!EIlXION
We, the undersigned, Citizens of Collier County, hereby urge the Anny Corps of Engineers, the Department of Environmental
Protection, the Collier County Board of Commissioners, and the Collier County Planning Commission to act in the overall best
interest of Collier County and deny the Applications & the Rezone. There are significant reasons why the public interest is not
served with a change of use on this property including: Collier County Growth Management policies which encourage water
dependent uses over residential, environmental issues (Active Eagle Nest & Manatees), Water Quality (Florida Outstanding
Waterways, Cocohatchee River), Dredging of 3.6 acres. We, the Citizens are opposed to the Rezone, and would prefer to have
the property remain commercial. We oppose any residential use that would allow any buildings to be constructed above the 75
foot C-4 commercial limit that the property is currently zoned for.
.y l1
North Bay Civic Association, Inc., PO Box 770273, Naples, Florida 34107
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N.QRTH&rClJ!IC.ASSaCJATI~.J:l!lC
SAJ!B:r~ 8 C .~."
PEXlXLON
We, the undersigned, Citizens of Collier County, hereby urge the Army Corps of Engineers, the Department of Environmental
Protection, the Collier County Board of Commissioners, and the Collier County Planning Commission to act in the overall best
interest of Collier County and deny the Applications & the Rezone. There are significant reasons why the public interest is not
served with a change of use on this property including: Collier County Growth Management policies which encourage water
dependent uses over residential, environmental issues (Active Eagle Nest & Manatees), Water Quality (Florida Outstanding
Waterways, Cocoh.atchee River), Dredging of3.6 acres. We, the Citizens are opposed to the Rezone, and would prefer to have
the property remain commercial. We oppose any residential use that would allow any buildings to be constructed above the 75
foot C-4 commercial limit that the property is currently zoned for.
l>IAME . ~
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ADDRESS \_
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North Bay Civic Association, Ioe., PO Box 110273, Naples, Florida 34101
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MY NAME IS BERNARD DUDLEY. I LIVE AT 900 ARBOR
LAKE DRIVE AT ARBOR TRACE, LOCATED A BIT NORTH OF
WIGGINS PASS.
I AM A THIRTY YEAR VOTING RESIDENT OF NAPLES AND
COLLIER COUNTY.
RECENTLY A NUMBER OF OUR RESIDENTS GATHERED TO
HEAR THE ECO GROUP DESCRIBE THEIR PROPOSAL.
WE FOLLOWED THIS LATER WITH A MEETING WITH A
REPRESENTATIVE OF THE NAPLES BAY GROUP TO HEAR
THEIR SIDE. THEY ADMITTED THAT AMONG THEIR MEMBERS
ABOUT FIFTY PERCENT WERE FOR RESIDENTIAL ZONING.
OUR PEOPLE THEN MET TO EVALUATE WHAT WE HAD
HEARD.
IN OUR GROUP ARE ENGINEERS, LAWYERS, PLANNERS,
INVESTORS, AND OTHER BUSINESS EXECUTIVES. WE
EXAMINED THE THREE MOST DISCUSSED IDEAS.
THE ElBSI WAS FINDING AN ANGEL TO BUY THE
PROPERTY AND DEED IT TO THE COUNTY, OR, HAVE THE
COUNTY ACQUIRE IT THROUGH A BOND ISSUE SO THAT THE
MARINA COULD STILL OPERATE. THIS IDEA WAS REJECTED
AS BEING UNREALISTIC, IMPRACTICAL AND IMPOSSIBLE TO
SUCCESSFULLY COMPLETE. NO ANGELS HAVE BEEN
FORTHCOMING, AND THE COUNTY DOES NOT SEEM ANXIOUS
TO GET INTO THE MARINA BUSINESS.
THE Sf.C.OND. WAS TO CONTINUE WITH THE PRESENT
COMMERCIAL ZONING. WE REJECTED THIS BECAUSE OF THE
VARIETY OF COMMERCIAL USES ALLOWED. THE TYPE OF
INCREASED TRAFFIC, SUCH AS SEMI S IN THE EARLY MORNING
MAKING DELIVERIES; ALL NIGHT PHARMACIES, AND OTHER
BUSINESSES WITH CONTINUAL DAILY TRAFFIC.
SOME QUESTIONED THE VIABILITY OF A COMMERCIAL
ENTERPRISE CONSIDERING THE COST OF THE LAND;
ESTIMATED AT $22 MILLION DOLLARS.
WE BELIEVE THE ALUMINUM STORAGE SHEDS ARE
UNSIGHTLY AND SHOULD NOT REMAIN IN A RESIDENTIAL
8 C - 'I'
AREA.
THE SOIL UNDER THESE SHEDS CONTAINS CARCINOGENS
BECAUSE OF THE MANY BOATS STORED THERE WITH
REPEATED LEAKS OF OIL AND GASOLINE, WHICH HAVE
ADDED TO THE POLLUTION IN WIGGINS PASS AND ADJACENT
WATERS.
WE THEN EXAMINED IN DETAIL THE COCONILLA PLAN,
THE IJ:LlR.D. POSSIBILITY. IT HAS ANSWERED MANY OF OUR
CONCERNS.
THE CONTAMINATED SOIL WOULD BE REMOVED.
THE SETBACKS WOULD BE MUCH GREATER THAN
COMMERCIAL
THE EAGLES WOULD BE BETTER PROTECTED.
WE LIKED THE IDEA OF PROFESSIONAL LANDSCAPING
THAT SURROUNDS RESIDENTIAL USE. IT FITS IN WITH OUR
DESIRE TO IMPROVE THE GENERAL NEIGHBORHOOD OF
VANDERBILT DRIVE WITH ARBOR TRACE, TOWER POINT, THE
EDENS, BENTLEY VILLAGE, VANDERBILT LAKES AND
AUDUBON, COVE TOWERS, AND OTHERS, ALL RESIDENTIAL.
WE HAVE GREAT SYMPATHY FOR YOU COMMISSIONERS.
YOU SEEM TO BE CRITICIZED RELENTLESSLY.
YET, THE NAPLES, COLLIER COUNTY AREA IS
CONSIDERED AS ONE OF THE BEST PLANNED COMMUNITIES IN
THE UNITED STATES. THIS IS LARGELY DUE TO PRESENT AND
PAST COMMISSIONERS WHO HAVE WORKED WITH GOOD
DEVELOPERS TO BRING ABOUT THIS GREAT REPUTATION.
AS NEARBY RESIDENTS, AFTER MUCH THOUGHT, WE
CONCLUDED THAT WE SHOULD GIVE OUR WHOLE HEARTED
SUPPORT TO RESIDENTIAL ZONING.
WE LOOK TO YOU AS OUR CHOSEN REPRESENTATIVES
TO VOTE YES. ON THE ECO PLAN.
THANK YOU FOR YOUR ATTENTION.
Coconilla
.ac-
Presentation to Collier County Commissioners
February 10, 2004
Jim Owens Sr, 435 Dockside Dr #1002, Naples, FL 34110 Ph: 239-566-1511
I am a member in good standing in the North Bay Civic Association for over
two years and I would like you to know that I do not support the board of
directors of the association position in this matter. I am in favor of the
rezoning to residential. To my knowledge, the membership was never
asked to vote one way or the other. They do not represent my views.
1. Ambient noise levels will be lowered with the residential use.
I have been a Florida resident and have lived adjacent to the
marina property for 8 years and I know this first hand.
a. The community where I reside, Pelican Isle, is a perfect
example of a model residential community that has boat
slips. The community is peaceful and the ambient noise
level is low every day and night of the week.
b. Conversely, the public Wiggins marina noise level was
high from daybreak to about two hours after sunset. Some
of the daily activities at the marina included tuning of the
boat motors and engines; commercial deliveries of boats,
parts & fuel; the tow motor vehicle engine noise, the high
lifts for the storage areas engine noise; the engine noise of
the mobile crane taking boats out and putting boats back
into the water; the noise associated with the sand blasting
and compressors for painting the boats; and general noise
related to the commercial traffic that accompanied the
workmen and visitors.
c. The "Squawk Box" and telephone ringing over loud
speakers that could be heard % mile away.
d. The security alarms were going off throughout the evening
at least once a week and went on for hours at a time.
e. I can only imagine what is in store for us if the site is
denied for residential and is forced to be developed
commercial for profit. Nothing in the zoning prevents the
tenants from opening one or two bars and restaurants or
nightclubs that will most certainly increase the ambient
noise level throughout the day and night with automobile
traffic patrons and patrons coming by boat. The bands will
surely be playing over outside speakers and today's music
is anything but soft.
f. Essentially, all of the surrounding properties are residential
and allowina the Coconilla residential development would
be in the best interest of the neighborhood.
Page 1 of3
Coconilla
B '"""
C.'.....~...;.: .....~...._~
,_.!;t~' ;1;'
.~-
Presentation to Collier County Commissioners
February 10, 2004
Jim Owens Sr, 435 Dockside Dr #1002, Naples, FL 34110 Ph: 239-566-1511
2. According to recent engineering studies, the pollution levels
on the Q!QPertv and in the adjacent waters are currently above
acceptable levels. This pollution has been caused by years and
years of operating a dirty marina on the site since the early 70's.
a. The clean up of the property is more stringent for the
developer when the property is to be used for residential
purposes.
b. The clean up of the property is less stringent if the
property is going to be used for commercial development.
c. Pollution can cause cancer in the Manatee and god knows
what else for the rest of the aquatic and bird life in the
estuary. Clean water and a clean food supply are essential
to wildlife.
d. If the property goes commercial, not only will the clean up
be minimal but the corporate pollutant prevention mentality
will never be the same as residential family members.
e. This is a perfect opportunity to get the property and
surrounding areas cleaned up. Under the stewardship of
the new family residents of the property, we can be
assured that the area will remain pollutant free and safe for
all.
f. It makes sense that residential is the best use for now and
in the future for the pollution clean-up and prevention.
Page 2 of3
Coconilla
Presentation to Collier County Commissioners
February 10, 2004
Jim Owens Sr, 435 Dockside Dr #1002, Naples, FL 34110 Ph: 239-566-1511
8 C ~ .,
3. Pleasing aesthetics for the Q[Qpertv would be a tremendous
improvement over the currently baron partially landscaped
property and the rusting warehouse style buildings and the
other dilapidated outbuildings.
a. The worst thing that could happen on the 10 acre site is a
strip center is permitted to be built. It will become a huge
open parking lot with lots of traffic, very little green space
and 1000/0 visible from Vanderbilt road, Wiggins Pass road
and to the hundreds and hundreds of neighboring
residents. The parking lot trash created, in itself, is
enough for an unpleasant experience day in and day out.
Please do not allow this to happen.
b. Since, essentially, all of the surrounding properties are
residential and of recent vintage or already approved for
future residential high rise condo residential development
on the site north of the property, it would be logical to
allow a similar style development to enhance the
aesthetics of the neighborhood.
c. The developer has proposed building low rise villas on the
south side then stepping from a, 13 stories to 17 stories
over parking, tower on the north side to align with the
neighboring buildings.
d. The set back of 150' on the SW side to 200' on the NW side
from Vanderbilt road will be contiguous with the
neighborhood.
e. The strategic placement of the buildings will allow for a
scenic view corridor of the estuary while traveling west in
Wiggins Pass road and at the traffic light at Vanderbilt road
rather than looking at the rusting metal storage building
that is currently blocking the view.
f. The developer has proposed planting native plants and
additional mangroves to enhance the beauty of the
neighborhood.
g. Simply look at the Pelican Isle's aesthetics to get the
concept of what the Coconilla residential end result will be
like. The developer has an impeccable track record of
developing quality residences that are pleasing to the
surrounding neighborhoods.
Page 3 of3
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MY NAME IS BILL PITTMAN.
MY ADDRESS IS; 12945 V ANDERBIL T DR. WHICH IS ABOUT A 1/4 MILE
SOUTH OF THE SITE IN QUESTION
I HAVE BEEN A RESIDENT FOR TEN YEARS.
I'M A MEMBER OF THE V ANDERBIL T BEACH HOMEOWNERS ASSOC., A
MEMBER AND FORMER DIRECTOR OF THE ESTUARY CONSERVATION
ASSOC.. A MEMBER OF THE PELICAN ISLE YACHT CLUB. A MEMBER OF
THE BOARD OF THE ANCHORAGE CONDOMINIUM ASSOC.
AND A FORMER MEMBER OF THE NORTH BAY CIVIC ASSOC. FORMER
BECAUSE THE LEADERSillP OF TillS ORGANlZA TION IS NOT ACTING IN
THE BEST INTERESTS OF MY NEIGHBORHOOD.
AS YOU CAN SEE. I'M INVOLVED IN MY NEIGHBORHOOD. AS A MATTER
OF FACT I WAS OPPOSED TO THE DUNES PROJECT BASED ON TWO
CONCERNS- TRAFFIC ON V ANDERBIL T DR. AND LOSS OF THE NATURAL
BEAUTY OF THE SAND DUNES. NOW THAT THE DUNES IS NEARLY
COMPLETE. 1 MUST ADMIT THAT TRAFFIC IS NOT NOTICEABL Y HEAVIER
THAN IT MIGHT HAVE BEEN AND THE LANDSCAPING AROUND THE DUNES
HAS SIGNlFICANTL Y ADDED TO THE BEAUTY OF THE AREA.
WHEN I BECAME A RESIDENT TEN YEARS AGO. THE ONLY COMMERCIAL
ENTERPRISE ON THE 4.5 MILES OF V ANDERBIL T DR. IN COLLIER COUNTY
WAS THE MARINA. EVERYTHING ELSE WAS RESIDENTIAL. IN THE LAST
TEN YEARS THE NUMBER OF RESIDENTIAL UNITS ON V ANDERBIL T DR.
HAS INCREASED 5 MAYBE 10 FOLD. V ANDERBIL T DR. IS A RESIDENTIAL
AREA.
WE HAVE ACCESS TO ALL THE STORES, HOTELS, NEW CAR DEALERS,
RESTAURANTS AND OFFICES THAT WE NEED ON ROUTE 41.
I ASK YOU TO JOIN ME AND THE HUNDREDS OF CLOSEST NEIGHBORS
FROM EMERALD BAY, ARBOR TRACE, TOWER POINT, COVE TOWERS,
PELICAN ISLE, MARINA BAY, EDEN BY THE BAY AND THE ANCHORAGE
WHO HAVE SIGNED PETITIONS URGING YOU TO ACT IN THE OVERALL
BEST INTEREST OF COLLIER COUNTY, THE ENVIRONMENT AND THE
CHARACTER OF OUR NEIGHBORHOOD AND APPROVE THE PERMIT
APPLICATION AND REZONING TO RESIDENTIAL.
I AM ASKING YOU TO KEEP COMMERCIAL ACTIVITY OUT OF OUR
RESIDENTIAL NEIGHBOR HOOD!!!
THANK YOU FOR YOUR TIME.
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COCONILLA PUD
BALD EAGLE MANAGEMENT PLAN
Revised February 6, 2004
INTRODUCTION
This bald eagle management plan has been prepared for the 10.45:1: acre Coconilla PUD (Project)
located in the northwest comer of the intersection of Vanderbilt Drive and Wiggins Pass Road in
Section 17, Township 48 South, Range 25 East, Collier County. This bald eagle management
plan has been prepared to address conservation measures for active bald eagle nest CO-019
located off of the Project.
This bald eagle management plan has been prepared to comply with U.S. Fish and Wildlife
Service (USFWS). Habitat Management Guidelines for the Bald Eagle in the Southeast Region
(USFWS 1987) (Guidelines). The bald eagle is listed as threatened by the Florida Fish and
Wildlife Conservation Commission and USFWS.
PROJECT DESCRIPTION
The current active nest for bald eagle nesting territory CO-019 is located approximately 830 feet
northwest of the Project boundary. The Project is located partially within and just beyond the
1,500 foot secondary protection zone. An aerial photograph (scale 1" = 500') with project
boundary and eagle nest overlay is attached, The Project will be located southeast of the bald
eagle nest site and outside of any primary flight paths. Primary flight paths to foraging grounds
occur towards open water located southwest, west, and northwest of the eagle nest.
The Project will result in the removal and redevelopment of the existing Wiggins Pass Marina.
Wiggins Pass Marina is the site of a currently active commercial development that provides 450
dry storage boat slips and 52 wet slips, launch facilities, full service repair facilities, boat rentals,
and public fueling facilities. Existing structures include four large buildings, a ship's store, and
public fueling facilities. Large diesel powered forklifts facilitate launch of stored vessels. The
boat repair facilities store and use chemicals toxic to fish and wildlife including oils, detergents,
solvents, and paints. There are no native upland or wetland habitat types located within the
Project boundary. There is no bald eagle management plan for the existing commercial
operation.
Following removal of the existing marina facilities, major activities associated with Project
development will include dredging of the existing boat basin; excavation in uplands to create an
expanded marina basin; construction of one residential tower and ten residential villas;
construction of a marina store and fuel facility; and construction of associated infrastructure
including utilities, parking, lighting, surface water management system, and landscaping. The
Project will result in the removal of the boat repair facilities and the 450 dry storage slips. The
Project will reconfigure the existing 52 wet slips. ....
Passarella and Associates, Inc.
#02EC0763 Revised 2/06/04
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BALD EAGLE MANAGEMENT PLAN
The following specific elements of the bald eagle management plan address proposed activities
occurring within the secondary protection zone identified on the Project as occurring between
830 and 1,500 feet of the active nest site. Limitations on construction activities during the
nesting season will remain in effect until a determination of loss of nest or abandonment is made
per the USFWS Guidelines.
1. During the nesting season (October 1 to May 15), a USFWS approved observer will be
present to monitor eagle behavioral response to aU approved exterior and vertical
construction activities occurring within the secondary protection zone. Construction
monitoring during the nesting season will be conducted in accordance with the draft 2002
USFWS monitoring guidelines.
2. Interior and finish construction activities (e.g., drywall, painting, stucco, electrical, plumbing,
landscaping, etc.) may occur during the nesting season in the absence of an eagle monitoring
protocol.
3. Removal of existing commercial buildings will occur during the non-nesting season (May 16
to September 30). Cleanup activities following removal activities may occur during the
nesting season with a USFWS approved monitoring protocol to evaluate eagle behavioral
response.
4. Erection of cranes used in vertical construction of the residential tower will occur during the
non-nesting season (May 16 to September 30). All other activities associated with tower
construction may proceed during the nesting season (October 1 to May 15) accompanied by a
USWFS approved observer. Residential tower construction will be limited to a height of 21
stories over parking. Auger-cast piles will be used to construct the foundation for the
residential tower.
5. Marina basin excavation and pile driving construction activities will be limited to the non-
nesting season (May 16 to September 30).
6. Exterior lights on the north side of the Project will be directed downwards or shielded to
minimize glare from being directed towards the nesting area.
7. During the exterior construction phase, annual nesting season bald eagle monitoring reports
will be submitted to the USFWS for review. The bald eagle monitoring reports will be used
as a basis for evaluating any proposed changes to construction phases or techniques in
subsequent nesting seasons.
8. Written authorization from the USFWS will be required for construction of multi-story
buildings within the secondary protection zone.
9. The applicant is willing to consult with the Collier County Chapter of the Audubon Society
regarding the choice of a monitor prior to submitting the name for approval by the USFWS.
Passarella and Associates, Inc.
#02EC0763 Revised 2/06/04
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10. The applicant will provide the Collier County Chapter of the Audubon Society with copies
of the monitors reports.
11. An informational poster regarding eagles will be posted at the worksite. The poster will
provide warnings regarding loud noises and the importance of complying with the noise
reduction initiatives. The poster will be written in both English and Spanish.
12. The applicant will work with the general contractor to design a method for padding the lids
of dump trucks to buffer the sharp metal-on-metal noise they create after tipping their
loads.
13. A worker education meeting will be held on-site prior to initiation of construction
activities, The Audubon Society has agreed to bring a live eagle from their rehabilitation
center and educate the workers on the birds and the importance of complying with the noise
reduction initiatives.
14. If the USFWS approved monitor observes any construction related activities that elicit an
abnormal behavior of the adult eagles or their chicks, that construction activity shall
immediately cease and will not reinitiate unless the construction activity is modified to the
extent that it no longer elicits an abnormal behavioral response, or the chicks are capable of
fully sustained flight.
Passarella and Associates, Inc.
#02EC0763 Revised 2/06/04
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REFERENCES
u.s. Fish and Wildlife Service. 1987. Habitat Management Guidelines for the Bald Eagle in the
Southeast Region.
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LEGEND:
AERIAL FLOWN BY AERIALS EXPRESS. INC.
WITH A FLIGHT DATE OF NOVEMBER 2002.
APPROXIMATE EAGLE NEST LOCATION
PROPERTY BOUNDARY PER RWA. INC.
DRAWING NO. 200l8X17.DWG
DATED APRIL 14.2003.
.
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750 FOOT BUFFER ZONE
1500 FOOT BUFFER ZONE
LOCATION OF EAGLE NEST APPROXIMATED
FROM DRAWINGS PREPARED BY TURRELL e.
ASSOCIATES. INC.
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BOUNDARY WITH EAGLE NEST OVERLAY
COCONILLA PUD
PASSARELLA and ASSOCIATES. INC,
Consulting
DRAWN BY: P.F.
COLLIER COUNTY FLORIDA
REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS
-
80
"
To: Clerk to the Board: Please place the following as a:
X Normal legal Advertisement 0 Other:
(Display Adv" location, etc,)
**********************************************************************************************************
Originating Dept/ Div: CDES - F AHJImpact Fees Person: Amy Patterson
Date: January 23, 2004
Petition No. (Ifnone, give brief description):
Petitioner: (Name & Address):
Name & Address of any person(s) to be notified by Clerk's Office: (If more space is needed, attach separate sheet)
Hearing before X BCC
BZA
Other
Requested Hearing date: (Based on advertisement appearing 10 days before hearing. February 10, 2004
Newspaper(s) to be used: (Complete only if important):
X Naples Daily News
D Other
D Legally Required
Proposed Text: (Include legal description & connnon location & Size:
AN ORDINANCE OF COLLIER COUNTY, FLORIDA, AMENDING CHAPTER 74 OF THE CODE OF LAWS AND
ORDINANCES, AS AMENDED, BY ORDINANCE NO. 2001-13 (THE COLLIER COUNTY CONSOLIDATED IMPACT FEE
ORDINANCE, AS AMENDED), PROVIDING FOR THE ADOPTION OF A GENERAL GOVERNMENT IMPACT FEE;
PROVIDING FOR A SHORT NAME, PURPOSE, LIMITATION ON APPLICABILITY, PAYMENT, USE OF FUNDS, IMPACT
FEE RATES; AND ANNUAL MID-CYCLE YEAR INDEXING ADJUSTMENTS; PROVIDING FOR ADOPTION OF FEE
STUDY; PROVIDING FOR ADOPTION OF FACILITIES MASTER PLAN; PROVIDING FOR APPENDICES FOR IMPACT
FEE RATE SCHEDULE; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE
OF LAWS AND ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE,
Companion petition(s), if any & proposed hearing date:
Does Petition Fee include advertising cost? 0 Yes 0 No
If Yes, what account should be charged for advertising costs: 113-138913-649100
/ / ;)3 /0 If
Date
List Attachments:
1) Collier County Consolidated Impact Fee Ordinance Amendment
DISTRIBUTION INSTRUCTIONS
A, For hearings before BCC or BZA: Initiating person to complete one coy and obtain Division Head approval before
submitting to County Manager, Note: If legal document is involved, be sure that any necessary legal review, or request
for same, is submitted to County Attorney before submitting to County Manager, The Manager's office will distribute
copies:
D County Manager agenda file: to
Clerk's Office
D Requesting Division
D Original
B, Other hearings: Initiating Division head to approve and submit original to Clerk's Office, retaining a copy for file,
***********************************************************************************************************
FOR CLERK'S OFFICE USE ONLY:
Date Received: ',/'Z.?J(otf Date of Public hearing: .A//O/D"
Date Advertised: r 3c 10 i
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II.
ORDINANCE NO. 2004 -
AN ORDINANCE OF COLLIER COUNTY, FLORIDA,
AMENDING CHAPTER 74 OF THE CODE OF LAWS AND
ORDINANCES, AS AMENDED, BY ORDINANCE NO, 2001-13
(THE COLLIER COUNTY CONSOLIDATED IMPACT FEE
ORDINANCE, AS AMENDED), PROVIDING FOR THE
ADOPTION OF A GENERAL GOVERNMENT IMPACT FEE;
PROVIDING FOR A SHORT NAME, PURPOSE, LIMITATION ON
APPLICABILITY, PAYMENT, USE OF FUNDS, IMPACT FEE
RATES; AND ANNUAL MID-CYCLE YEAR INDEXING
ADJUSTMENTS; PROVIDING FOR ADOPTION OF FEE STUDY;
PROVIDING FOR ADOPTION OF FACILITIES MASTER PLAN;
PROVIDING FOR APPENDICES FOR IMPACT FEE RATE
SCHEDULE; PROVIDING FOR CONFLICT AND
SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE
OF LAWS AND ORDINANCES; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the Board of County Commissioners of Collier County (the Board)
has authority to adopt proportionate share development impact fees pursuant to its home
rule powers under Article vm, ~l(f), Fla. Canst., Chapter 125.01, et seq., Fla, Stat., and
Chapter 163, Part IT, Fla, Stat.; and
WHEREAS, the Florida Legislature specifically has encouraged "the use of
innovative land development regulations which include provisions such as ",impact
fees;" and
WHEREAS, the Board has studied the necessity for and implications of the
adoption of General Government impact fees and has retained Tindale-Oliver &
Associates, Inc. and, by subcontract, Growth Management Analysts, Inc. and Freilich,
Leitner & Carlisle, to prepare a development impact fees report to determine the
proportionate demand new development generates for additional General Government
facilities; and
WHEREAS, Tindale-Oliver and Associates has prepared a development impact
fees report, titled "General Government Building Impact Fees," dated January 23, 2004
(hereinafter the "Fee Report"); and
WHEREAS, the Fee Report has been presented to, and reviewed by, the Board,
which bas determined (1) that General Government impact fees are necessary to offset
the costs associated with meeting future demands for General Government facilities,
pursuant to the projections set forth in the Fee Report; (2) that the General Government
impact fees bear a reasonable relationship to the burden imposed upon the County to
provide General Government facilities and services to new residents, employees, and
businesses; (3) General Government impact fee funds will provide a direct benefit to such
new residents, employees, and businesses reasonably related to the impact fee assessed;
(4) that an "essential nexus" exists between the projected new development and the need
for additional General Government facilities and services to be funded with impact fees,
and between the impact fee and the benefits that accrue to new development paying the
fee; and (5) that the amount of the General Government impact fees is "roughly
proportional" to the pro rata share of the additional general government facilities and
services needed to serve new residential and non-residential development, while
maintaining or exceeding a level of service (LOS) standard of 2.0 square feet per
weighted resident; and
WHEREAS, the Consultants have relied upon the County for the costs of
construction (including land), engineering, architectural services, parking, landscaping,
heating and cooling facilities, and related expenses; and
WHEREAS, the Fee Report establishes that the County is projected to grow from
a population of approximately 334,506 weighted residents in 2003 to 557,682 in 2017;
and
Underlined text is added; Stf'Uek thF9ugh text is deleted
Page 1 of6
WHEREAS, the number of jobs at non-residential locations in the County is
projected to increase steadily between 2003 (approximately 148,566 employed) and 2017
(approximately 199,462 employed); and
WHEREAS, Chapter 74-101, et seq" of the Collier County Code of Laws and
Ordinances, known and cited as the "Collier County Consolidated Impact Fee Ordinance"
or the "Collier County Impact Fee Regulations" (hereinafter referred to as the
"Consolidated Ordinance'') contains administrative provisions to ensure that the benefit
of General Government facilities funded with impact fees will accrue proportionately to
new development paying the fee; and
WHEREAS, the Board has found and determined that impact fees for General
Government facilities will have certain characteristics in common with other
development impact fees addressed in the Consolidated Ordinance and that the County
will, therefore, benefit from the adoption and use of a uniform procedure for the
imposition, calculation, collection, expenditure, and administration of all of the adopted
development impact fees; and
WHEREAS, the use of uniform procedures will best ensure that General
Government impact fees are "earmarked" and expended for the public facilities for which
they were imposed and collected; and
WHEREAS, the Board annually develops a capital budget and updates the
Capital Improvement Element of its Comprehensive Plan to ensure new development is
adequately provided with public facilities necessary to serve new development at the
growth rates projected in the Fee Report and in the other Impact Fee Studies adopted and
set forth at 974-106, of the Consolidated Ordinance, as amended by this Ordinance; and
WHEREAS, the Board has developed a General Government Facilities Master
Plan, which includes the General Government facilities to be constructed and provided on
a pro rata basis to new development paying the General Government impact fee; and
WHEREAS, based on the population, housing unit, and land use projections as
well as the General Government needs associated with the projected level of growth, the
Board has determined that General Government impact fees are an appropriate and
necessary technique, to be used in conjunction with other available public facility
financing techniques, to ensure that adequate General Government facilities are provided
for new development; and
WHEREAS, the Board has determined that development impact fees are
necessary for adequate General Government facilities sufficient to protect the public
health, safety, and general welfare of future residents and employees generated by new
development; and
WHEREAS, the Board has determined that the General Government impact fee
amounts bear a reasonable relationship to the burden imposed upon the County to provide
the additional capital improvement expenditures for such General Government facilities
necessary to serve new development at adopted level of service (LOS) standards; and
WHEREAS, the Consolidated Impact Fee Ordinance requires formal updates of
all impact fee rates in three-year cycles; and
WHEREAS, since the cost of providing General Government facilities increases
significantly during the years between the scheduled three-year updates, the Board
desires, by indexing, to incorporate changes in the relevant costs into the General
Government Impact Fee rates; and
WHEREAS, the Board has developed fee calculation and indexing
methodologies that will be imposed in an equitable and non-discriminatory manner.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, THAT:
SECTION ONE, The report titled "General Government Buildings Impact
Fees," prepared by Tindale-Oliver & Associates, dated January 23, 2004, (hereinafter the
"Fee Report''), including all methodologies, assumptions, and conclusions drawn in the
report, is approved and adopted.
Underlined text is added; StFaek twoagk ten is deleted
Page 2 of 6
'"'"
bLi
;.
SECTION TWO. The General Government Facilities Master Plan. which is
attached hereto as Exhibit "A," is hereby incorporated by this reference and adopted.
General Government Impact Fee funds may be spent only in accordance with the General
Government Facilities Master Plan until the Capital Improvement Element of the Collier
County Comprehensive Plan and budget are amended to provide for General Government
facilities, During the next budget cycle and round of amendments to the Comprehensive
Plan, provision for General Government Facilities will be made in the County's annual
budget and Capital Improvement Element as appropriate and the attached Master Plan
shall be considered repealed upon that action.
SECTION THREE. The "General Government Impact Fee Rate Schedule,"
which is attached hereto as Exhibit "B," is hereby incorporated by this reference and
adopted as "Schedule Nine: General Government Impact Fee Rate Schedule" of
Appendix A of the Consolidated Ordinance.
SECTION FOUR, Article I, General, Section 74-104, Findings, of the Collier
County Code of Laws and Ordinances (County Code) is hereby amended to read as
follows:
Section 74-104, Findings
***
(4) The level of service standards for the Public Facilities as adopted in the
Collier County Comprehensive Plan. ef---ffi the Water Master or
Wastewater Master Plan, or an adopted Impact Fee Study. as may
hereafter be amended from time to time are controlling upon this chapter
and are incorporated throughout this chapter.
SECTION FIVE, Article I, General, Section 74-106, Adoption of impact fee
studies, of the Collier County Code of Laws and Ordinances is hereby amended to read as
follows:
Section 74-106.
Adoption of Impact Fee Studies.
***
(9) General Government Facilities: "General Government Building Impact
Fees." dated J anuarv 23. 2004. prepared bv Tindale-Oliver &
Associates. as amended,
SECTION SIX. Article I, General, Section 74-108, General Definitions, of the
Collier County Code of Laws and Ordinances is hereby amended to read as follows:
Section 74-108.
General Definitions,
***
"Public Facilities" shall mean the following publicly-owned facilities and services
provided by Collier County or pursuant to an interlocal agreement with Collier County:
(1) Transportation systems, facilities and services; (2) Water and Sewer systems,
facilities and services; (3) Parks and Recreational systems, facilities and services; (4)
Library systems, facilities and services; (5) Emergency Medical systems, facilities and
services; (6) Educational systems, facilities and services; (7) Correctional systems,
facilities and service~; aad (8) Fire systems, facilities and services~: and (9) General
Government svstems. facilities and services.
SECTION SEVEN, Article IT, Impact Fees, Section 74-201, Imposition of impact fees,
of the Collier County Code of Laws and Ordinances is amended to read as follows:
Underlined text is added; Sku.ek throu.gh text is deleted
Page 3 of6
Section 74-201.
Imposition of Impact Fees,
***
(a) General Requirements, All Development within the unincorporated areas and
within the boundaries of all municipalities in the County shall pay all assessed Impact
Fees unless such Impact Fees, in whole or in part, have been exempted, waived, or
deferred pursuant to this Chapter. The Impact Fee shall be assessed based on a
calculation of the impact of the proposed Development on the respective Public
Facilities. The amount of the Impact Fee to be assessed for each type of Public Facility
shall be as specified in Sections 74-302 through ~74-310 (Section 74-302 - Special
Requirements for Road Impact Fee; Section 74-303 - Special Requirements for Water
Impact Fee and/or Sewer Impact Fee; Section 74-304 - Special Requirements for Parks
and Recreational Facilities Impact Fee; Section 704-305 - Special Requirements for
Library Facilities Impact Fee; Section 74-306 - Special Requirements for Emergency
Medical Services Impact Fee; Section 74-307 - Special Requirements for Educational
Facilities Impact Fee; Section 74-308 - Special Requirements for Correctional Facilities
Impact Fee; aBEl-Section 74-309 - Special Requirements for Fire Facilities Impact Fee~
and Section 74-310 - S\lecial Requirements for General Government Impact Fee).
SECTION EIGHT. Article IT, Impact Fees, Section 74-203, Use of funds, of the
Collier County Code of Laws and Ordinances is hereby amended to add subsection "9" to
read as follows:
Section 74-203.
Use of Funds.
***
(a), The Board hereby establishes or reaffirms the establishment of separate
impact fee trust funds for each of the public facilities, designated as follows:
(9) General Government: "General Government Impact Fee Trust Fund."
SECTION NINE. Article llI, Special Requirements for Specific Types of Impact
Fees, Section 74-310, Special requirements for general government impact fee, of the
Collier County Code of Laws and Ordinances is hereby added to read as follows:
Section 74-310.
Special Reauirements for General Government Impact Fee.
***
(a) Short Name. This section mav be known as "Special Requirements for General
Government Impact Fee."
(b) Purpose. The purpose of this section is to tailor the general common reauirements of
this chapter to the specific requirements of General Government Impact Fees,
(c) Limitation on Applicabilitv. See Section 74-103,
(d) Pavment. See Section 74-202.
(e) Use of Funds, See Section 74-203,
(f) Impact Fee Rates. The General Government Impact Fee Rate Schedule incomorated
in Schedule Nine is herebv adopted and the General Government Impact Fees established
in the General Government Im\lact Fee Rate Schedule are hereby imposed on all
Underlined text is added; Struck tJHoeugk text is deleted
Page 4 of6
J<o.j
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Development as reQuired in this chapter at a rate established under the ap1>licable Impact
Fee Land Use Categories.
8D
(g) Annual Mid-Cvcle General Government Impact Fee Rate Indexinfl. Belrinning
February 10.2004 the County shall commence a three-year General Government Impact
Fee update cycle pursuant to Subsections 74-201.B. and 74-502.A of this Ordinance, ill
each of the two mid-cycle years (between the formal three-year updates) belrinning on or
about February 10. 2005 the County shall implement adjustments to land and building
costs based on just property values published by the Collier County Property Appraiser's
Office and building cost index published by the Engineering-News Record. Mid-cycle
indexed rate change adjustments shall be adopted by a Resolution of the Board pursuant
to Subsection 74-201.B. of this Chapter,
SECTION TEN, CONFLICT AND SEVERABll.ITY.
ill the event this Ordinance conflicts with any other Ordinance of Collier County
or other applicable law, the more restrictive shall apply, If any phrase or portion of this
Ordinance is held invalid or unconstitutional by any court of competent jurisdiction, such
portion shall be deemed a separate, distinct, and independent provision and such holding
shall not affect the validity of the remaining portions.
SECTION ELEVEN. INCLUSION IN CODE OF LAWS AND ORDINANCES.
The provisions in Sections Four through Nine of this Ordinance shall be
made a part of the Code of Laws and Ordinances of Collier County, Florida. The
sections of the Ordinances may be renumbered or relettered and internal cross-references
amended throughout to accomplish such, and the word "ordinance" may be changed to
"section," "article," or any other appropriate word.
SECTION TWELVE. EFFECTIVE DATE,
This Ordinance shall be effective upon filing with the Florida Department
of State.
PASSED AND DULY ADOPTED by the Board of County
Commissioners of Collier County, Florida this _ day of February, 2004,
Underlined text is added; Straek tltrough text is deleted
Page 5 of6
ATTEST
DWIGHT E, BROCK, Clerk
By:
Deputy Clerk
Date:
By:
BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA
Donna Fiala, Chairman
Date:
Approved as to form and legal sufficiency:
d.6c~J~
Assistant County Attorney
~~,nL
Patrick G, ~
Assistant County Attorney
Underlined text is added; Skllek through text is deleted
Page 6 of6
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January 23, 2004
Attn: Georgia
Naples Daily News
1075 Central Avenue
Naples, Florida 34102
Re: ORD.AMENDING ORD. 2001-137 IMPACT FEES
Dear Georgia:
Please advertise the above referenced notice on Friday, January
30, 2004, and kindly send the Affidavit of Publication, in
duplicate, together with charges involved, to this office,
Thank you.
Sincerely,
Linda A. Houtzer,
Deputy Clerk
P,O.jAccount # 113-138913-649100
...-.:;..... ~-
~,
.....
NOTICE OF INTENT TO CONSIDER ORDINANCE
80
Notice is hereby given that on Tuesday, February 10, 2004 in the
Boardroom, 3rd Floor, Administration Building, Collier County Government
Center, 3301 East Tamiami Trail, Naples, Florida, the Board of County
Commissioners will consider the enactment of a County Ordinance. The meeting
will commence at 9:00 A.M. The title of the proposed Ordinance is as
follows:
AN ORDINANCE OF COLLIER COUNTY, FLORIDA, AMENDING CHAPTER 74 OF
THE CODE OF LAW AND ORDINANCES, AS AMENDED, BY ORDINANCE NO. 2001-
13 (THE COLLIER COUNTY CONSOLIDATED IMPACT FEE ORDINANCE, AS
AMENDED), PROVIDING FOR THE ADOPTION OF A GENERAL GOVERNMENT
IMPACT FEE, PROVIDING FOR A SHORT NAME, PURPOSE, LIMITATION ON
APPLICABILITY, PAYMENT, USE OF FUNDS, IMPACT FEE RATES, AND
ANNUAL MID-CYCLE YEAR INDEXING ADJUSTMENTS, PROVIDING FOR ADOPTION
OF FEE STUDY, PROVIDING FOR ADOPTION OF FACILITIES MASTER PLAN,
PROVIDING FOR APPENDICES FOR IMPACT FEE RATE SCHEDULE, PROVIDING
FOR CONFLICT AND SEVERABILITY, PROVIDING FOR INCLUSION IN THE CODE
OF LAWS AND ORDINANCES, AND PROVIDING FOR AN EFFECTIVE DATE.
Copies of the proposed Ordinance are on file with the Clerk to the
Board and are available for inspection. All interested parties are
invited to attend and be heard.
NOTE: All persons wishing to speak on any agenda item must register
with the County administrator prior to presentation of the agenda item
to be addressed. Individual speakers will be limited to 5 minutes on
any item. The selection of an individual to speak on behalf of an
organization or group is encouraged. If recognized by the Chairman, a
spokesperson for a group or organization may be allotted 10 minutes to
speak on an item.
Persons wishing to have written or graphic materials included in
the Board agenda packets must submit said material a minimum of 3 weeks
prior to the respective public hearing. In any case, written materials
intended to be considered by the Board shall be submitted to the
appropriate County staff a minimum of seven days prior to the public
hearing. All material used in presentations before the Board will
become a permanent part of the record.
Any person who decides to appeal a decision of the Board will need
a record of the proceedings pertaining thereto and therefore, may need
to ensure that a verbatim record of the proceedings is made, which
record includes the testimony and evidence upon which the appeal is
based.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
DONNA FIALA, CHAIRMAN
DWIGHT E. BROCK, CLERK
By: Is/Linda A. Houtzer, Deputy Clerk
Linda .A. YIOutzer
80
,~
70:
Suiject:
{ieorgia (I-mait)
Ora .Amending Ora 200.l-.l3~ IJJ?:Pact .Tees
{/cl(J,[/ffmIlIJltJ.
:Pff7tl.re ad1/ertlse flie attacfiedrm .'Fnda.y, JallUarY.:lf}, 2004 !l~l/{Jl/ Iz~l ve any fjue.rtio/lj; j7!i"'a.re call"
/~0.1-S411.
~ ~
ORD.AMEND.ORD, ORD.AMEND.ORD.
!OOl-13-IMPACT F..!OOl-13-IMPACT F..
7Jl~7nli Y(}ll,
Linda
./-1/lllute..r e-mdJ?n'fJrd.;:
1
Linda,;2[. J-IOutzer
8D
11"';.
from:
Sent:
70:
Suiject:
yostmaster@cterk.collierfCus
.JJ1onda}h January 20 2004 11:24 AM
Linda,;2[, J-IOutzer
:Delivery Status :NOtfication (:Relay)
r:::-71
L:::J
ATT22802.txt
Ord, Amending
Ord, 2001-13, 1m... . ..', , , 'Z" .', , . .. '. .
7lzz.f l.f lln t.llIt()lnatzca/IY!lcncralcd ZJe!/vmy ,StatuI' .N(}t!/tnztum.
lima' me_1Jt:t;je lia.r been j'll[[e,l~lil/~i; ref(z/.jed/o tli{~/{}/lowI7{1f ret'!pleIlLI; Iiz/! tlie rellueytedilaiJ'e/~1j
yft;ltll.f J!{}!!/utllitm.f may J!(}! {J~J//('7/('l(;{tedi~i; tile df'ylilltllirm.
{~(ltll..i'(ii)llt.lJl{{;J'JU"Jf 'j; Ct7m
1
Linda Yl. .7IOutzer
80
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from:
Sent:
70:
Suijeet:
System Ylttministrator (j1ostmaster@ntyJlesnews.eomJ
.:Monda}h January 26, 2004 1/.'28./i.M
Linda Yl. .7IOutzer
Velivered: Onf Ylmendlng Ora 200I-I~ Jny:;aet fees
[21'.".'
, ,/
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Ord, Amending
Ord. 2001-13, 1m." [ . .
<<(f/'t:t, ..Hmendinll Orr/. 200I'1j~ /71!//ac! ](:'('.0'> your nJej)'t{ifc
7(J: 6em;yia (:!::mail)
ju/?/ed: On[..::tmendiJ-{fI Orr[200/-1.3', /n!//tlct]f:'e.f
. rent: .'Mml, 2(i.f(;1l1 2004 11.'2.,.::':, -O.:iOO
was tldlvered/{J tlie/olloJI'I?{fI reciplentf.J:J:
it~lal.j~ {)n jlffJ/l, 2(7-ji:m 2004 11:2/'.:_',1 -O.iOO
1
Ord, Amending Ord. 2001-13, Impact Fees
Page 1 of 1
Linda A. Houtzer
.0 r~.
1''',\ ~ ~
~"..l 1...1
From: legals [Iegals@naplesnews,com]
Sent: Monday, January 26,20042:14 PM
To: Linda A. Houtzer
Subject: RE: Ord. Amending Ord. 2001-13, Impact Fees
rcvd
to run jan 30
thanks
georgia
-----Original Message-----
From: Linda A. Houtzer [mailto:Linda.Houtzer@c1erk.collierJl.us]
Sent: Monday, January 2.6, 2.004 11:2.4 AM
To: Georgia (E-mail)
Subject: Ord. Amending Ord. 2.001-13, Impact Fees
f/()(Jd :Uorn i1lfh
P/i:>a.re t{frveI1t.'e ffie attaclietfr)ll ]'ridi:Zlj, Jf4llUllrv.?o, 2004- !(Y{JU IZt./J/e any qYejti()lLi~
p/e,LI'c ca/1774-S';]I.
<<ORD.AMEND,ORD,2001-13-IMPACT FEES (A),doc>> <<ORD,AMEND.ORD,2001-13-IMPACT FEES
(A). doc>>
71ztlllliy{JU,
Linda
. :1,1 illY It>.)' an ,:lY( C co Itt;:
1/26/2004
Naples Daily News
Naples, FL 34102
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Affidavit of Publication
Naples Daily News
--------------------------------------------------+---------------------------
BOARD OF COUNTY COMMISSIONERS
CHERI LEFARA
PO BOX 413016
NAPLES FL 34101-3016
REFERENCE: 001230
58794312
113138913649
NOTICE OF INTENT TO
State of Florida
County of Collier
Before the undersigned authority, personally
appeared B. Lamb, who on oath says that she serves
as Assistant Corporate Secretary of the Naples
Daily News, a daily newspaper published at Naples,
in Collier County, Florida: that the attached
copy of advertising was published in said
newspaper on dates listed.
Affiant further says that the said Naples Daily
News is a newspaper published at Naples, in said
Collier County, Florida, and that the said
newspaper has heretofore been continuously
published in said Collier County, Florida, each
day and has been entered as second class mail
matter at the post office in Naples, in said
Collier County, Florida, for a period of 1 year
next preceding the first publication of the
attached copy of advertisement; and affiant
further says that she has neither paid nor
promised any person, firm or corporation any
discount, rebate, commission or refund for the
purpose of securing this advertisement for
publiction in the said newspaper.
PUBLISHED ON: 01/30
NOTICI!. 'OF' INTENT TO
COllIflIDP ORDINANCE
Notice la hereby illven
that on Tuet~. Febru-
ary 10. 2004 In the
Boardroom, Ird'Floor,
Admlnlstra. lIOl\. Ilu."dlng,
(;Qlller Co~ . .,-n-
rnent~. . tet.33G '..!alt
Taml . Tral..lt.... tf.,
FlOM a. the '..'0
county Comtft
will conllder . ........
ment. . of., a ~ t.JwIII......
nanc;e, '.lbe ~.
co~ .t.II:~'A;M.
The tltl, of the pro-
Ilo,.a Ordfnance laaa
folkiws:
AN OJjDfNAMCE OF CO~-
LlER COUNT.L,ILORIDA1
AMlNDING!'" PT!!. 7..
OF THE CODe OF I.AW
AND O.RDINANC_E$~~
~.Wi;..lt"~'mG
~OI.L1IR c5Uii~ cON-
SOLIDATED IMPACT. FEE
OROt.,ANCE. AS AMENI>
ED), PROVIDING FOR
THE ADOPTION OF A
GENERAl. GOVERNMENT
IMPACT FEEl pROVIDfNG
FOR A SHuRT NAME.
p.'\,Ht .., POS~J..I...!MITATION'
ONN'PL""""It.ITY .PAV-
II T U.SI OfF\iNDS.
f'Q RATES: AND
.eVCI.E
~
f f
COp'lea of the proposed
Orillnance are on file
with the Clerk to the
Board and .... a"..lable
for In~ AU =
~~:'~.
. NOTE: All perpon. wish-
Ing to speak on~y
~ Mm must ,.....s-
ter wttbthe County ad-
ministrator IJI'Ior t6 Pf1!-
sentatlonof the agenda
Item to be addressed.
Indl.~d. I s~ ens., will
be I . tomltl"",s
01'1 any.. teIeC- \
tlon 9. fan. '. vi.. dual .to
s.eak on ~ Ile~ .of an
'~U.Qt~'!S1
=~~I!!..~ 'lff~j1g: I
a S~dk'spet~1 a
group ori!i. tlll.a!'p.n'
may be alf 10 ,mn-
utes to spea on an
Item.
b:J.sonilw~atl,I~I~
matena..=~ tt~~~ln
the~. "....,..
IIts musf.lU. :t said
material a..mJnkMtm of 3
.weeksprlor ~to the Ire-
MItCtlve public hear ng,
In any case. wr1tten ma.
tlll'la~e~ ~~
='bes~mltted to
the 'af)proprlate county
I stMt a minImUm of sev-
en daYS prior. to. the
PUbIlC.'l1earlna. All ma-
terial \lsed In ~enta-
tlona . be. fore. the .Boa. I'd
wlH-.come ~a'
nent pitt of \tie .
Any person who decid-
es to 1Imf:,,1 a decision
of the ~ WIll need a
record of the proceed.
. InlJ$ pertalnlnlJ thereto
al'idtherefore, may
need to ensure that a
vel'batlm record of the
proceedings Is made.
which .record Includes
the testimony and evi-
dence up.on 'jIIhlch the
appeal II baHC\.
BOARD OF COUNTY
COMMlSSlQNlR$
cOI.~iU 'COUNTY,
Fl.ORIDA
DONNA FIAI.A. CHAIR-
MAN
DW1GHf~.--tlIWC~.
CLERK
ay: /S/1.lnda A. Houtzer,
~~
AI. ... No. 472340
AD SPACE: 136.000 INCH
FILED ON: 01/30/04
::::::~::-:~-~~~::::------~~~--------------+-------------------------
Sworn to and Subscribed before me this OOL~ of ;C;~
Personally known by me ~./~\A~ ~ ~~
/S~~~.v.fi'.;;", Harriett Bushong
(.t ~''t:~ MY COMMISSION if DD234689 EXPIRES
;:~;~i';:: July 24, 2007
.""~~j9.f;:~~~"'- BONDED THRU TROY FAIN INSURANCE, INC.
2001
S:~.LJ3f S:!J!JJJ~Y
D!J \}3f JJJJJ3JJ~ H!JJJ~JJJ~
lJJJJJ~JD~ F33
Board of County Commissioners
".,142004
EXHIBIT
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· Impact Fee Formula
. Level of Service Standards
. Impact Cost
· Impact Fee Credits
. Proposed Impact Fee Schedule
· Annual Indexing
Impact Fee = (Unit Cost x Demand) -
General
Impact Fee Formula
Credit
· General Government Buildings
- Support Buildings
- Court-related Buildings
- Health-related Buildings
- General Government Services
· No Current Established Standards
· 580,873 sq ft, 2004 Inventory
. 314,549 Functional Residents
. Standard = 1.9 sq ft per Fn Resident
.
Government Buildings Serve All
Common Unit of Demand
.
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co
General
Purchasing
Personnel
Administration
Other
Government Building Distribution of Use
L..
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General GOy't.
Building
General Gov't. Building
Supports All Services
Community
I I I~
I I
I' . , ,
i i
1 j
Other GOy't.
Buildings/Staff
+
..,
....
Shopping/Retail Office
.
Community
Residence
Fast Food
~
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General GOy't.
Building
.."'-
n~./ "'-.""
jl:. .....
11!:1 ,.t
Other GOy't.
Buildings/Staff
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General
Government Building Distribution of Use
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Vehicle Miles
Stormwater'" Runoff
EMS- Emergency Calls, Per Person
Fire - Fire Flow, Calls, Per Person
Library Residential
(Books/Sq. Ft. Per Person)
Park Residential
(Acres/Facilities Per Person)
Community
. 1.19
Residential
Unit
1.19 ..
rn
.-
.
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Residential Land Use
2.38 People Per Household
X .5 Time Spent at Home
1.19 Residents
Office
t t
Employee Visitor I
SelVice
I
,
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Residential Land Use
1.19
.- --
--
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Industrial Shopping/Retail Fast Food
t t t t t t
Employee Visitor I Employee Visitor I Employee Visitor I
SelVice SelVice SelVice
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· Based on 2004 Inventory
· Sources
- Historical Costs
- Current Land Value
- Verified with Projected Costs
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. Proposed Cost Per Sq Ft = $184.32
(From 2004 Inventory)
- Master Plan $186.47
- 5-year CIP $244.77
$351,000 + 10,000 = $35.15
*Figures are rounded
$234,000 X 1.5 = $351,000
- Assumes 1.5 acres per 10,000 sq ft
- $234,000 per acre, 2004 Inventory
Cost per square foot = $35.15
.
..:- .
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Building Cost
Land Cost
Total Cost per sq ft
$184.32
+ $35.15
$219.47
Tota I Cost $219.47
LOS per Fn Resident x 1.9
Total Impact Cost $416.99
- $416.99
Total Impact Cost per
Functional Resident
-
..
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.
.
.
5.72 Percent Vacant Land Value
27.16 Percent Future Tax Revenues
Reflects Non-Impact Fee Revenues
27.160/0 + 5.72010 = 32.880/0
Total Credit
.
Total Credit per
Functional Resident
$416.99 X 32.880/0 = $137.11
$137.11
Gross Cost x % Credit = Total Credit
Total Impact Cost
Total Credit
Net Impact Cost
Net Impact Cost per
Functional Resident
$416.99
- $137.11
-
$279.88
$279.88
i
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· Single Family Home
- 0.57 residents per 1,000 square feet
- $280 per functional resident
Fee = 0.57 x $279.88
= $159.60 per 1,000 square feet
$156.90 per
1,000 Square Feet
EE
0.57 Fn Residents
per 1,000 square feet
$279.88 per
Fn. Resident
....
Single-Family Home
~.
r~
..
Q
co
!..
Land Use
Residential
Office ~
50,000 sf
Retail ~
50,000 sf
Impact
Unit
1,000 sq ft
1,000 sq ft
1,000 sq ft
6.06
3.84
0.57
Functional
Resident
Coefficient
Net Impact Cost @
$280 per Fn Resident
$159.60
$1,075.20
$1,411.20
. Building Costs
- Engineering News-Record
. Average 2.10/0 (1993-2003)
· Land Costs
-Just Land Values
. Average 11.40/0 (1993-2003)
~'~
'.
~
c
eX>
THE END
MEMORANDUM
9A
Date:
February 23, 2004
To:
Sue Filson
BCC Executive Manager
From:
Linda Houtzer, Deputy Clerk
Minutes & Records Department
Re:
Resolutions
Enclosed please find copies of the following Resoulutions, approved
by the Board of County Commissioners on Tuesday, February 10,
2004,
Resolution 2004-51
Resolution 2004-52
Resolution 2004-53
Resolution 2004-54
Resolution 2004-55
Agenda Item #9 A
Agenda Item #9B
Agenda Item #9C
Agenda Item #9D
Agenda Item #9F
If you should have any questions, please contact me at 774-8411
Thank you,
Linda Houtzer
Enclosure
lah
;~9A
MEMORANDUM
Date:
February 23,2004
To:
David C. Weigel, County Attorney
Office of the County Attorney
From:
Linda Houtzer, Deputy Clerk
Minutes & Records Department
Re:
Resolutions
Enclosed please find copies of the following Resoulutions, approved
by the Board of County Commissioners on Tuesday, February 10,
2004.
Resolution 2004-51
Resolution 2004-52
Resolution 2004-53
Resolution 2004-54
Resolution 2004-55
Agenda Item #9 A
Agenda Item #9B
Agenda Item #9C
Agenda Item #9D
Agenda Item #9F
If you should have any questions, please contact me at 774-8411
Thank you.
Linda Houtzer
Enclosure
lah
RESOLUTION NO. 2004-51
~,......, l \....
. '-2:.
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA, TO APPOINT ROBERT E.
DOWLING TO THE COLLIER COUNTY CODE ENFORCEMENT
BOARD.
WHEREAS, Collier County Ordinance No. 92-80, as amended, provides that the
Collier County Code Enforcement Boards shall consist of seven regular members and
two alternate members; and
WHEREAS, there is currently a vacancy on this board for the category of Alternate;
and
WHEREAS, the Board of County Commissioners previously provided public notice
soliciting applications from interested parties,
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that Robert E. Dowling,
representing the category of Alternate, is hereby appointed to the Collier County Code
Enforcement Board to fulfill the remainder of the vacant term, said term to expire on
February 14, 2006.
This Resolution adopted after motion, second and majority vote.
DATED: February 10, 2004
ATTEST:
DWIGHT E. B,~Q~KI Clerk
. ;\\,,-~.. N ft'lil;
",it\ ......r\ ..~~~~f"'l"t Ir,r,
....' .~'.\" -<.lie" ".
........' ...":..',.~, ..-<<--<;: 4...... 4I/.~" ~",.
~ (';'~_ 1)- 11#,.-.. II, ,.....
f.:~!':'l~-~,,::,. " '\~,S\
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By: IlL ~
DONt4A FIA~ha:?m n
:: , ,'t\l C" I 1.."'::' .
~. ... plSl~ ~, et'~ :,?'~:7
:;.. -A.~ \ ;1\\.'); .....?,\.,""'.
AtuSt"'?' "'. Ctiit . .' > "S
SfgMt~~~~t~i~\~
..f '~'.: ~ I i I ,'.-' ',; I ,.' ~
Approved as to form and
legal sufficiency:
~.t- e Lti-
David C. Weigel
County Attorney
Dew Jkn: h; publ ic; kay;advisoryboards
Item #
qA
;\~~~'lda J. -10 - 0 t..j
D".v
[la'" 'I z.. 3 Ll
f.:c:;d 01 - . 0 1
ttfvnd/})~
Deputy Clcrk
RESOLUTION NO. 2004-52
r 98
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA, TO REAPPOINT MEMBERS TO
THE PARKS AND RECREATION ADVISORY BOARD.
WHEREAS, the Parks and Recreation Advisory Board was created on November 25,
1975, and was composed of five (5) members; and
WHEREAS, the Board of County Commissioners, on October 25, 1993, adopted
Ordinance No. 93-81 which increased the membership from five (5) members to seven
(7) members; and
WHEREAS, there are currently vacancies on this Board in the Urban category; and
WHEREAS, the Board of County Commissioners previously provided public notice
soliciting applications from interested parties; and
WHEREAS, the Parks and Recreation Advisory Board has provided the Board of
County Commissioners with its recommendations for appointment.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that;
1. John MacDougall, representing the Urban category, is hereby reappointed to the
Parks And Recreation Advisory Board for a 4 year term, said term expiring December
31, 2007.
2. John p, Ribes, representing the Urban category, is hereby reappointed to the
Parks And Recreation Advisory Board for a 4 year term, said term expiring December
31, 2007.
This Resolution adopted after motion, second and majority vote.
DATED: February 10, 2004
ATTEST:
DWIGHT E. BROCK, Clerk
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
.bu.
By: DONLa~
~ :<it ep' uty:' rk"'~ i
::: .4', - ,". .;
"':~~1~.\S
., ' ~'" }' 9' .,.
, ,,~~'ll~~~~,.,.'"
Approve(fras' to' 'form and
legal sufficiency:
I~ 1~' J.t.~1 ~L
David C. Weigel
County Attorney
Item #
q8
DCW /kn: h; public; kay; advisoryboards
~~~;da &-10 .O~
RESOLUTION NO. 2004-53
9C
!"'~ 'jJ
'.
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA, TO APPOINT BERNARDO
BARNHART TO THE IMMOKALEE BEAUTIFICATION ADVISORY
COMMITTEE.
WHEREAS, on October 22, 2002, the Board of County Commissioners adopted
Collier County Ordinance No. 2002-52 establishing the Immokalee Beautification
Advisory Committee; and
WHEREAS, Collier County Ordinance No. 2002-52 provides that the Advisory
Committee shall be composed of five (5) members; four (4) members who permanently
reside within the Immokalee Beautification Municipal Services Taxing Unit (MSTU), and
one (1) owner of residential or commercial property within the MSTU; and
WHEREAS, there is currently a vacancy on the Committee for the residential
category; and
WHEREAS, the Board of County Commissioners previously provided public notice
soliciting applications from interested; and
WHEREAS, the Immokalee Beautification Advisory Committee has provided the
Board of County Commissioners with its recommendation for appointment.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, that Bernardo Barnhart is hereby appointed to the Immokalee
Beautification Advisory Committee to fulfill the remainder of the vacant term, said term
to expire on September 23, 2006.
This Resolution adopted after motion, second and majority vote.
DATED: February 10, 2004
ATTEST:
DWIGHT E. BROCK, Clerk
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
. .
- ~. . I ~~ AI.' '. .. h
~~v.~" ~erk "~.: ~'i~~;
- .-" ..,f'''-L. .'.~.)!. .~....
Attest." ..'..~~~;~~i;i'
11gRlturt;~1.1. - .>~;{ll.~~f;
ll','l ........ \t-\.~......::;..f.
"1'1 ~\ ei'........ '.",
.~ # e.~~.;>' ;.,'.
Approved as to form and
legal sufficiency: '
JJb-U~ ~a~
David C. Weigel
County Attorney
By: fI!u~,,-, d..~
DONN FIALA, Chairman
Dew /kn: H ;public;kay;advisoryboards
Item # q~
~~~;da J.-I 0 '0'-/
~~~~d ~ tJ. 3 . 0 L.{
;~:9D
, I
RESOLUTION NO. 2004-54
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA, TO CONFIRM AND APPOINT
MARK GRASSER TO THE COLLIER COUNTY REVENUE
COMMISSION.
WHEREAS, on March 11, 2003, the Board of County Commissioners of Collier
County adopted Resolution No. 2003-118, creating the Collier County Revenue
Commission; and
WHEREAS, the Collier County Revenue Commission is to be composed of nineteen
(19) members from various civic and governmental associations; and
WHEREAS, there is currently a vacancy in the Collier Building Industry Association
(CBIA) position; and
WHEREAS, Board of County Commissioners received a letter from the CBIA
requesting that Mark Grasser be designated as their new representative on the Collier
County Revenue Commission.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA, that Mark Grasser, representing the Collier Building
Industry Association, is hereby confirmed and appointed to the Collier County Revenue
Commission to fulfill the remainder of the vacant term, said term shall expire on January
8, 2005.
This Resolution adopted after motion, second and majority vote.
DATED: February 10, 2004
ATTEST:
DWIGHT E. BROCK, Clerk
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By: ~~ ~~
DON A FIALA, Chairman
J..~.'~ ~~
David C. Weigel
County Attorney
Dew /kn: h; public; kay;advisoryboards
Ilem # q.h
Agenda '1 . /'0 . J I
Dale Ol II 0 'j
Dale ;{. ~3 .ot.l
Rec'd
9F
RESOLUTION NO. 2004-55
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS
OF COllIER COUNTY, FLORIDA, TO APPOINT RONALD M.
PENNINGTON TO THE COllIER COUNTY COASTAL ADVISORY
COMMITTEE.
WHEREAS, the Board of County Commissioners adopted Collier County Ordinance
No. 2001-03, as amended, creating the Collier County Coastal Advisory Committee; and
WHEREAS, Ordinance No. 2001-03 provides that the Coastal Advisory Committee
shall be composed of nine (9) members whose representation shall consist of three (3)
members from the unincorporated area of Collier County, 3 members from the City of
Marco Island, and 3 members from the City of Naples; and
WHEREAS, there is currently a vacancy in the City of Naples category; and
WHEREAS, the Board of County Commissioners previously provided public notice
soliciting applications from interested parties; and
WHEREAS, in a letter dated January 26, 2004, the City of Naples has provided the
Board of County Commissioners with its recommendation for appointment.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that Ronald M. Pennington,
representing the City of Naples, is hereby appointed to the Collier County Coastal
Advisory Committee to fulfill the remainder of the vacant term, said term to expire on
May 22, 2007.
This Resolution adopted after motion, second and majority vote.
DATED: February 10, 2004
ATTEST:
DWIGHT E. BROCK, Clerk
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
1"~I:,'."."'lil;
. ~.tl ~ u-JI.;1(;;f'j'iJ
...(~.\.\\..,,~..... .....f:J~.t:..., t~\.:f..."..,
~...$a";.\~... L.'.....~~~..\A.C.
"Q ~(; ..... ,
· . h. n.f14: '\1:Clerk.':~'\ : ~ ~
..~11'::--"7 '. .' '>to, ~ '" ~
Att.st." t.~~iI~.."~h.. !1~'t.~..f ..t
stnnatur ...~.... \,.. .,.,,'';,4....
.... ., ~.. ,'., ." "",'') ...~ "
. ~..:" -I.........',.~. ..J"'~."'~ ..,~
":'.. ... ~;H<;Ir<!\'j<i$ .,~..."
(~, ~\:AMl"'.".~ ,,'. ~\.
Approved as' ~_;arid
, "'~.3k ,...., ~.
legal sufficiency:; ."
BY:~hk
/l&"L~~~
David C. Weigel
County Attorney
DCW /kn/h; pu blic; kay;advisoryboards
Item # 9p
Agenda ~ -ID ' aLl
Date 7
~:~d O?' 2. 3 .()'f
~d~r{ku ~
108
"'~
MEMORANDUM
Date:
February 11, 2004
To:
Jack Crognale, Construction Manager
Facilities Management
From:
Linda A. Houtzer, Deputy Clerk
Minutes & Records Department
Re:
Contract #98-2829, Change Order #10, to Kraft
Construction for the construction of the third floor
build-out and the chiller plant expansion of the
Naples Jail addition.
Enclosed please find four (4) original documents as referenced
above, approved by the Board of County Commissioners on
Tuesday, February 10, 2004 (Agenda Item #10B)
One original is being forwarded to the Finance Department and
one original document is being retained for the record.
If you should have any questions, please call me at 774-8406.
Thank you,
CHANGE ORDER
AlA DOCUMENT G701
DISTRIBUTION TO:
Owner:
Architect:
Contractor:
Field:
Other:
l"\ 8
i J '.
!~
PROJECT:
Naples Jail Center C-10-01260
3301 E. Tamiami Trail
Naples FL 34112
CHANGE ORDER NUMBER:
Ten (10)
INITIA nON DATE:
January 29, 2004
TO:
Kraft Construction Co., Inc,
2606 South Horseshoe Drive
Naples, Florida 34104
ARCHITECT'S PROJECT NO.:
CONTRACT DATE:
January 12, 1999
CONTRACT FOR: Expansion & Renovation of
the Naples Jail Center, Chiller Plant
Expansion & 5-Story Parking Garage
You are directed to make the following changes in this Contract:
Additional Work Per Approved Pending Change Request No. 1260-24 dated 11/07/03 for the Revisions
to the Central Energy Plant Per the Attached,
$221,762,00
Additional Work Per Approved Pending Change Request No. 1260-26 dated 12/04/03 for the Build-Out
ofthe 3rd Floor of the New Jail Per the Attached,
$4,413,390,00
Total Add: $4,635,152.00
Not valid until signed by both the Owner and Architect.
Signature of the Contractor indicates his agreement herewith. including any adjustments in Contract Sum or Contract Time.
The Original Guaranteed Maximum Cost was: "....,."......"....,..,.....,.,...,.,.....,.".......,......"....."..,...,..,......"...... $
Net Change by previously authorized Change Orders (1-9): ......,..........,...........,.........,.........,..............,.......,.. $
The Guaranteed Maximum Cost prior to this Change Order was: .....................,............................................. $
The Guaranteed Maximum Cost will be increased by this Change Order: .....................,..........................,..,. $
The new Guaranteed Maximum Cost including this Change Order will be: ...,............,..,..........................,..... $
34,402,176,00
(9,122,655.59)
25,279,520.41
4,635,152,00
29,914,672.41
The Contract time will be increased by:
(60) Days
The Date of Substantial Completion as of the date of this Change Order therefore is March 17, 2006.
ARCHITECT:
Schenkel Shultz, Inc.
2640 Golden Gate Parkway, Suite 112
Naples FL 34105
By:-! (~~ l) ^-{~Pi-
Date: I - 20, - Ot.;
Robert G, Schubring, VP Construction
Date: Januarv 29.2004
AlA DOCUMENT G70I - CHANGE ORDER
THE AMERICAN INSTITUTE OF ARCHITECTS, 1715 NEW YORK AVE., NW, WASHINGTON, D.C
G701-1978
108
IN WITNESS WHEREOF, the parties hereto have executed this Change Order No. 10 for the
Naples Jail Center on the date(s) indicated below:
CONSTRUCTION MANAGER:
KRAFT CONSTRUCTION CO., INe.
By:
Ro ert L. Carsello, Chairman COO
Date: ~. J,-J '] I l)'--l
.
(CORPORATE SEAL)
OWNER:
BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY FLORIDA, A
::LITI7f:::ISI;;;:;: STATE
Commissioner Donna Fiala, Chairman
Date:
III
ATTEST:
TWO WITNESSES:
~l.0-~
Fi'ffl;/ ~~
Second Witness
ATTEST- \\,'ll'dtllflitltfj
. \\', .'" t,e f,.,'" 'I,
'\ .. \ 'I .k f -- .t ~ ,
DWIGHT E. B~~~:'~":'€tUt~;""A\
~ tf. ')P':;?~.\i ~.\
-. .' .. 'j) '. . " ~ 0..
.. ....1 .... . l~- " -].
, ~_ t.:"i ol... ~ ....~~" ,,' ''1.4 ;:.....
AAAA., ~':;: ~~, ;.~.... ': "S~>"
"l'i,-.,j~('OE" 1..;'\(1' ,\\\
"\tt~it U 'C..') Cha 1r.::Ht'"f"""
:J.1~lJ!t~1t l"Ai. '\! '
By:
Date:
Approved as to form and legal sufficiency,
By:
-n ~A QJ.....---
.."
Tom Palmer, Assistant County Attorney
Date: 1...; '3 ()./ 20 ~ <I
Item #
106
/)./10/04
. ,
Agenda
Date
Date I t
Rec'd a, II 01
rif tI &/f!mJ ij,u
puty lerk
~ It" I t)
r A'b~S.
1 ~ ,=:, r<l"",
. f ~ t,}
.~l LJ
November 7, 2003
Sent Via Fax 262-0715 & US Mail
Mr. Marty Miller
ABC National
lIDO 5th Avenue South, Suite 201
Naples FL 34102
RE: Naples Jail Center C-IO-01260
Dear Marty:
This PCR is for CEP Revision #1 drawings issued by AEC. This work includes the concrete slab
and walls for the ice tank farm with a louvered screen wall. The ice tanks have been relocated
requiring additional piping and miscellaneous mechanical equipment has been relocated. This
work is a change order to the contract and Kraft will proceed with this work upon your approval.
The following is the cost breakdown with subcontractor quotes attached:
l(JJ';
$14,anoo
$27,7CI2.ffi
sam
$1;6B00
$1,41100
Sil21100
$3, 17000
S2,anoo
$182.43
$2,81000
$3,3J7.00
S3E,tm02
S2,~.~
$1Q5D 12
$7.l1,782.5l
Ire
S~
1.2%PcI:i:d B::rd
~ 9>/oO:rBndicn
FEe
CC: PCR #1260-24 Revised 11/7/03
M~./J A/IJJ--.
Approved By: Marty Miller
AEC ational, Inc.
IJ-II-03
Date
Respectfully,
KRAF. . T S9NSTRU. :TIO~ CO., INC.
~;tf t~,fer
Scott Wright r
Assistant Project Manager
f
01058 N. Tamiami Trail. Sarasota. Florida 34236. (841) 330-8880. Fax (841) 330-8884
) e p L 4. L L\ U j 11: 1 ~ Af\!.
ANrCO tLtCiKlCAL CUN~IKUC!lUN
1\ o. Ul) ~ ~
~. :
r::>c...t. Jf l,,-~ 0:> - '2-'1
r-~;r~~~'t:.f.]\ !~l t~~ ~:lnl
t .ft '.. M."!:. ,~.r!f ~<'" J",.""...
f_~e ~__....,~u__....;;.or:............
1'-) '.E' .. I ...'
i ~ ~:i1 Jl .'1 p.." f~m~~r Ir.TI tt n
J ...1 . __ 1 LC,l."a ""n",. U,;l!,JI;
rr::.;..-..~'l;..~,~.(.~
Aneco Electrical Conslruclion !nc. lOB
Melro COrT'mcrCG Center
11220 Metro Park\tlay, Suite 17
Fl. Myers. I"L 33912
Tel 239275-8558
Fax 239 275.8668
ftmyers@anecoinc.com
September 24, 2003
Kraft Construction Company, Inc.
2606 Horseshoe Drive South
Naples, FL 34104-6 t21
Attention: Scott Wright, Assistant Project Manager
Project Naples Jail Center
Subject: CEP Revision #2
Aneco Control #CE-005
Description: Work Required per Revised Dwgs
Dear Scott,
We hereby submit our proposal in the amount of $ 14,800.00 to perform the additional work as
required in the above referenced project,
Please advise in writing, by Change Order, acceptance of this proposal so the work can be
incorporated in our schedule. This proposal is valid for 10 days and requires an extension of
contract time in the amount of 0 days.
This proposal is based solely on the usual cost elements such as labor, material and normal mark-
ups and does not include disruption, rescheduling, extended overhead, overtime, accelerated
and/or impact costs, Our right is expressly reserved for settlement of these items as it pertains to
this contract.
Comments: This proposal includes changes to electrical equipment per the above referenced
documents and as described below:
. Extend Power Across Existing Street to Relocated Tank Farm.
. Extend Power to East Side of Bldg. for Relocated P-14.
. Also included is Demo & Re-Installation of Pump House Equipment.
Sincerely,
etion, Inc.
,-----
Speciahy Contracts!' Services
E!ectrie:al ConstrucUOrl
Comm'Jr.ication So Dal" Services
i) ':- \J L -;. !. :.' \) j : I ' L \.) nl VI
n I ~ L \J \/ L i... L V I 1\ 1 .'1 n L.. v V I~ L; ; . \ .... \! I I '".' I ~
I~ \,,1, 1.) V 'V j
~---: ;j.-i. ....'l..: 1*32: ~.;"~ ~~1'
. ,. 1 "'! ,,,...J,.- ~r:/J!'~ c.,
! J ! ~{H~ji' i~ii _!;!\'I
I J J !1r~1;l'~th.,,,,'i<;\~
''7--'
I .- 1 Cj~"I'i'iPI.l~O""-:rur,thlr.'
L.'.l.,....._.-J i. :..{) I h;C LJ ,.!b)~! t1tJl..~!i
1. r~n
>, jiIIIII
PROJECT NAME: Naples Jail
PROJECT #: 30'\ 12
ESTIMATE BY: rjg
SOIFT: 0
DATE: 9!24J2C03
DURATION (DAYS): 0
SAVE CODE: CE #005
DESCRIPTION:
C.E.PRe:/isiori...#2.------.-...-..---.-..............-........................,...,.-....,.-....,.........---.-........--..-.....----....-..-.......--..--..-..-.-...........-......--........-...........-........-...........
r!AISC re"isions as shDv;/n including:
Extend PCN!er .A.cross Existing Street to Relccat$d Tank F~rm
.. E:<t~nd POWi?ito East Side of Bldg. for Relccated P-14
Also included is Demo &: Re-Instailaticn of Pt..,!r'np House Equ:pment
""_",_,,,'__"_' QUO!~~~_e.:~_..._.._......_...__..... :;(':':::' :;::,;.'.;:::'.':':'~':)!:'.:' ;;~.::;<:W;'i:.:::~\~~y'::n\,:;:::;:;:(;'L..~~!.~,~~~__..L.~~9..~~~,~...
FIXTURES: o.co Totals from Estimate Sheets! 1 ,24~76!105.39
GEAR: 1.5COGO Delete Lighting Pull Sax from Estimate) 2S.CO! 8.00
GENERATOR! 0.00 Relocate Communica1ion Handholel 250.00: 48GC
FIRE ALARM: 0.00 Add HotBox PG 30001 i ,675.00: 80C
LTNG. PROT.: OeD i oeoi 0.0"
SY~:EM~ i 000 ~'[)Oi DOC
l\lISC.1'" i 0.00 uOO' 0.00
MISC#2: 0.00 ooo! 0.00
MISC.#3: oeo o.ooi C.OC
MISC.#4: 0.00 MAT. _ ..(/.)/t.ntH:<UH:H/H?HHA.~~.:._f)::UH:>j;HH)H>j;;?yt:u\
l'iiiSC.#S; o.co '-'5S~"" ...~. . , MISCELLANEOUS ; 0% f 159.59: ' , O.C<J
Misc#'al 000 .....-0%.-....[ FACTOR r...~r-.j 0.00! 0.00
~1!.s~.#.7! o.co ADD I DEDUCT~ o.oo! 000
:;;,,::;",';m::d:;~~~1,i:~:::'::::I:;::UU:':f'I;::"H%:;:::"U:~~;::~:~~~mi~~lnnn:::::Ji,;,~I,i;~i~;liil:illm~l~
LABOR EXPENSE " ..',.. " ......., . SUB TOTAL1 4,85;:35: '169.39
~'::'E~t !'f-i'1~ .:;~;;;"";:::::,~~~~G,}8mJ:,~~f~~i~,,,::i;:::,:;~:~~~1'.::::;:;:,:..:;~.~
CLEANUP[O% j 0.00:>>>: . .
___.________~~~~.E_E~IN~L__.___Q;oo __.........._..._.....!!l-~.Q~!~~T9...R~---.-.._-I-.1~U SUPERVISION! 16.94
TOTAL lABOR EXPENSE 1 026 30 DOLLARS. NAME ~:;:;~:::)::i~:~~::~::;i;:;:::
~t~:~":,~~~~&~~~~1E=~::'~~- ~-i----------- T~~:::=f:,;:m'''.~~i,~
OPEN! 0.00 o.ooi SUPER LABOR COST! 0.00
~~~~I ;.~~:=--6~@Total..---.._...___-h..__.__h PT&I!..--S3%.---. -~y:uumm1~ut;D8
PERMIT; 000 10~/~ iOverhead LABOR COST WJPT&lj 6,842.00
STORAGEl 0.00 0.001500 Total MATERIAL COSTS: 5,14243
TElEPHONEI 0.00 -- O%,'__'hjpro1it JOB EXPENse! 1,376.30
ICE & WATERj 000 -"o:OolGrand Total kkY:n<<U~~;)
TRIPSI 0.00 SUPERVISORY LABOR RAW COSTr.......fii6C:73
LODGING~ 0.00 HOURS r-.------.--firi"E-- r:-:.' ',' :::: ~:\~;:': ::
DRAWINGS! 0.00 --'-'-"O.OOTSUPERiN'T'E'NOENT #fh"."'_h"''''- -1r.f:'1'-'!OVERHDfAllOW.i' .. ... 1,336.07
TRUCKSl 000 o.oojSUPERINTENDENT #2 :~~9.~:] PROFIT! 0.00
RIGGING! 0.00 O.QOiFORMAN #1 SUBCONTRACTORi 0.00
BACKHOE~ O.CO O.CO~FORMAN #2 HUl?UiJw\UH}
D'~~~~~l 35~~~ ~;~I:~:~~ : SUB TOTALIHHy::d:~:':0ji~~
SCAFFOLDINGj oco "UPER'VisOR'fLABOFfBASEO"6'N'"P"ERC'EN- CONT. LIAB.[ 117.57
_____~MALL_I.f?2~~~~~]~&L-h--.._.---Q~~n.._n-o:oo[=-~=.=~~~~==9q.~=~=~====~=~~=~ ==9-~~=J BOND i 0.00
'.<(IR~0t':N'G2::~~~N~~<>:\< .~.?? 3~::1~~~~~~1~~~~ LABOR RATE TOTAJ<H:~:~:..~~~.~:
.. . TOTAL JOB EXPENSE 1.376.30 0.00 [TOTAIsi}PER:'T.:A.BOfft".......---...-. PRICE QUOTED~ 14,800.00
11/~5/2~~3 15:40
23'344'31453
COMMERCIAL CONCRETF
PAGE Ell
Comm.ercial Concrete Systems, Inc. Page
i220 Taylor Road #101
'Ilaples~ Fl 34109
1 of 1
Date: 09/11/03
lOB
CHANGE PROPOSAL
~bone: (941) 592-1101
TO: Kraft Const,Inc.
Fax: (941) 592-1103
JOB NAMEfLOCATION:
Attn.: Scott Wright
Ph. : (530-0722)
Fax: (530-0388)
Central Energy Plant
Ice Tank Slab
Changes
Ve: hereby 15ubrrdt specifications and estimates for drawinp by: dated
. Slab 8.!l shown mcchcanic.al drawings 2380 5qft x 6" thick
Proposed Slab 4138 sqft x 8"thick wltbicken edges x 18"tk. x 4'-6" wide.
Rebar iM@12"o.c.e.w.
Formed key jt at base of retaining wall.
Excavation,fonning, grading, pla.c:e and finish and saw cut slab.
Retaining Wall Fonning wI chamfered edges Z70 lnft x 4~-O"high
Rebar #5 @}2" o.c.e.w.
Concrete and PdJIlping
Rob WaU Finished for paint.
). Bldg K Add 4 Pedisfal's @ Roof, CUt EDsting Roof
I. Drill Epoxy, Form and Pour Pedistals 12:d2xl4 ea.
~. Clean-up and Safety
Credit: Sl1,5S8.66
< $14-. '111.BS>
Add: S41~4.00
$11-\ I \'CO.LfI
Add: 51,500
/OIItL-: :b Z t, 102.56
: Propose hereby tJO furnish mnterial and labor - complete in auorOancc with tI1e above specifications fOr the sum of
Je DJJtde lI!l fi:lllows:
Payment
Invoice through 25th or the month to be paid the following 10th of tbe month
IIIllreri.al is guanm.tcecllo be as specified. All work 10 bf; compIdl:d in a professicmal manner acicordiag To S1l!U:ldard practict:&. Any a.bauIiDQ or deWitioa fiam above
citicatiOllS involving eXlra com will be cxeCU!:d only upon written orders, and will become_an ~a dulrge over and abO'vc the: estimstl:. All agreements cOll1ingear
10 stribs, acc:idems or delays beyond our !:Dutro!. Owner to carry 6.re, tomedo and otbcr oecessary insurance. Our workers an:: 6dly covm=d by WOrlc:c:Is
npcnsatioll in~e.
Authorized SI;mItQre
2!!.. days.
We Hyatt-
Note: This proposal may be withdrawn
.c:ptance of Proposal- Th.c above prices. specifications and c;onditions arc satisfucrory aDd are hereby acc:epled. You are authorizod to do the work as
;ified. Payment will be made as outlined above.
Signature
Date of kcep(aJ1cc:;
11/06/2003 16:40
2394491463
COMMERCIAL CONCRETF
PHASE CODE
COST CODES
ESTIHATEDCOSTS
PAGE 03
lOB
1 I
DESCRIPTION: DIM QNn. COST/UN !o1AT.RL. LABOR SUBCN'l'RT, MISC. DTHR. TOTAL
30 SLAB:
30101 Form Mat. Inft 270.00 1.250 $357_75 ~357.75
30102 Form Labor - Direct 11ft 270,00 2.500 $B77.50 $677.50
30103 Prep Labor - SubCDt. sqft 4,138.00 0.250 $1,034,50 $1,034.50
30104 Place/Finish - Sub. sgft 4,138.00 0.500 $2,069.00 $2,069.00
30105 Strip Labor - Direct Inft 270.00 0.250 $87.75 $87.75
30106 Visqueen lper 1000') sqft 2,620.00 0.025 $69.43 ,69.43
30107 Wire Kesh cIs. 0.00 50.000 $~. 00 $0.00
30108 Expansion Joint ft. 0.00 0.250 $0.00 $0,00 $0.00
tJ!)$z,o
30109 Concrete eyrd 142.0060.000 -$9,931.29 CO~2.? U,OH 20 0
30110 Templates/Grout'g ea. 0.00 5.000 $0.00 $0.00
30111 Concrete Pump cyrd 142.00 15.000 $2,130.00 $2,130,00 d ~ ~ S C'OL-~1>-5
30112 Chairs ea. 0,00 0.300 $0,00 '0.00 II:X:>
30113 Rebar ft. 12,100,00 0.320 $4,104.32 $4,DOO.00 $8,1D4.32
30114 DonIs ea. 0.00 1.500 ,0.00 '0,00
30115 Elevation KODD.Ftcs. 11ft. 270.00 1.500 $405.0D $405.00
30116 Keyway Form at wall Inft 270.00 1.250 143.10 $273.37 f416.47 ~
Phase fotal: $13,705.80 $5,238.62 $3,508.50 $2,130.00-$Z4,S8Z.~Z ~~."T I
---------------------------.---------------~-;;;------------------------------------ -----.-----------;~%--- z-u 1 s q b. f I
3 6DU-II'-- 'D (3 11 S--- r s 25 Z/l.<7Pi.l!') L ~ <;:,''1 .01
+~I
L -hD56.3~
~t..\)~ ~
9,r.u.lL rAv~ r4nf Pc. 4 F:A ~ 7 ~ -- ,.3CJ'1J
f)~4- ~~ ~ 1 9~t{'
rn.~ J ~ ef {;wf4t!J if. t4. Z~o I tJ7/O
~
~ fllD 111/
ZtlO
11/05/2003 15:40
2394491453
PHASE CODE
COST CDDES
nESCRUTION:
30 SLAB:
30101 ForA Mat. Inft
30102 Form Labor - Direct Inft
30103 Prep Labor - Subcnt. sqft
30104 Place/Finish - Sub. sqft
30105 Strip Labor - Direct 10ft
30106 Visqueen (per 1000') sqft
3D107 Wire Mesh rIs.
3010e ElpansioD Joint ft.
30109 Concrete cyrd
30110 Templates/Grout'g ea.
30111 Concrete PUlP cyrd
30112 Chairs ea.
30113 Rebar ft.
3011~ Dawels ea.
30115 Elevation Mono.Ftrs. Inft.
30116 Mise, Equip./!atrl. ea.
Phase Total:
UjM
COMMERCIAL CONCRETF
PAGE 02
ESTIMATBD COSTS
lOB
..
LABOR SUBCNTRT. MISe.OTKR.
~
TOTAL
$265.00
$650.00
$595.00
$1,190,00
$65.00
$69.43
$0.00
$0.00
-$-l,8-lt':ff- '3, b c> (;)
'0.00
$900,00 $900.00
$0.00
~2,656.BO
$D.OO
$300.00
$0.00 $0.00
$900.00 $19,561.23
(
'3 '3 'Z. 5 6"u..-/{U)-
\5>(0 \6~
I~o;r> _ t') C:. \ . b~
-t 'fJ-S/J .n.
- H,S~~ :. $II1Q11.0
<$} t1 jq-:ri-. e:
----------.-------------------------_.__._-------~----------~-----------------------------~------------------
QNTY. COST IUNT tiATRL,
200.00
200.00
2,3BO,OO
2,360.00
200.00
2,620.00
0.00
0.00
60.00
0.00
60,00
0,00
4,000.00
0.00
200.00
0.00
f3 OL. L-- Ai. I'> S
J o()
1 q Xi>\~S;"';
::: <) ,z5)
1.250 $265.00
2.500
0.250
0.500
0.250
0.025 $69.43
50,000 to.OO
0.250 ~O.OO $0.00
60.000 ~3TiH.~ 3,'-00
5.000 $0.00
15.000
0.300 1Il0.00
0.320 $1,356.80 $1,300.00
1.500 '0.00
1.500
1. ODD
$5,5D7.23 $2,015.00 $2,085.00
$650.00
$595,00
$1,190.00
$65.00
$300.00
11/05/2003 15:40
23'344'31453
COST CODES ~~
DESCRIPTION: U/M
60 COLUMNS:
60101 Lumber
60102 Clamps
60103 Labor - Formed
60104 Lahar Chamfer stp
60105 Rebar
60106 Concrete
60101 Stirrups
60108 Pump ~ Concrete
60109 Chamfer Stp
60110 Patch/Rub
Phase TDtal:
QN1Y. COST/UN MATBL.
COMMERCIAL CONCRETF
PAGE 04
] n. n
'," ...,,/ L~
''t!l:-l
LABOR SUBCNTRT. MISC.OTBR. fOTAL
bdft 2,Z80.00 0.75 1,812.60 $1{812.60
ea, 0.00 0.10 0.00 $0.00
clift 2,280.00 1. 75 5,187.00 $5,187.00
lnft 570,00 1.25 926.25 $926.25
Inft 2{400.00 0.32 814.08 750.00 $1,564.08
cuyd 30,00 60.00 1,988.86 1~Cf9 U,9Q8.9g.. I gOc:l
ea. 0.00 0.80 0.00 $0.00
cuyd 30.00 15.00 450.00 ~450,OO
Inft 570.00 0.50 302.10 $302,10
sqft 2,280.00 0.3) 798.00 $798.00
$4,836.78 $7{661.25 $0.00 $450.00 $12,94B.83 l z..~fiO. 03
-------..---------------~----------~-----------.---~-------------------~--._______~_~________w_____________.
/1>% ~
-+2. '1 4 .6 ~ - I ].. ~ .....-
~
~4JZ.46j~.;-
~ 1~12I(.D3
09/25/2003 15:24
941-332-0'339
CROWTHER ROOFING
PAGE 01/01
.l,
'0.
CR
ER
'ROOFING . SHEET METAL · DECK CONTRACTORS
08 September 2003
Scott Wright
Kraft Construction Compan:y~ Inc.
3305 East Tamiami Trail
Naples, FL 34112
FAX (239) 530-0388
RE: Naples Jail Center, Revised CEP Drawings
Dear Mr. Wright:
We have reviewed the revised CEP drawings. There will be no additional cost associated with
these revisions.
Please call if you have any questions.
G AND SHEET :METAL OF FLORIDA, INC.
Terry Adams
250' ROCKFtLL ROAD . FT. MYERS, FLORIDA 339' 6 · {239) 337-'300 . FAX..: (239) 332-0939
I. _u ".....~,..... ",,.,non.-,
-
EHe, Inc,
Fax:2395920877
Sep 24
'03 8:35
l'
I
I
J
1
P.01 FCIZ.. #:= ~
EHC
...-=-
GB\lBIAL CONTRACTORS
1360 Railhead Boulevard
Naples, PI- 34110
CGC014953
(941) 592-0828
(941) 592-0877 Fax:
lOB
MEMORAND UM FAX
-1
I
)
I
TO: Mr. Robert Schubring
FROM:
FAX: (239) 435-3827
FAX:
(23 ) 592-0877
RE: Central Energy Plant Location
DATE:
Date: 9/24/03
Time 7:30 AM
~~Schubring. I
Pricing for Central Energy Plant location. Thank You for the heads up! I h~ looked at so many
building changes that didn't apply this one slipped through. Thanks Again.!
I
DESCRIPTION QUANTITY UNIT PRICE i TOTAL
Curb Removal 232 LF 4.75 LF I $ 1,100,00
Asphalt Removal 2624 SF .55 SF I 1,443.20
Curb Replacement 28 LF 10.00 LF 280.00
Asphalt Repair 80 SY 13.16 SY 1,052.80
Mobilization (If not done with other repairs or paving)
1 LS
1125 CY
750.00 EA
11.10 CY
T JaI Add
I
750.00
$ :;::~;:;~
$4 b2'~
I
Imported Fill
~l' rely, J) ~~
0,~
EH I .
Gregory L. Hunt, Vice Pres,
,From:CONSOLIDATED
18037446093
10/09/2003 14:10 #466 P.OOI
Florida Aluminum
& Steel Fabricators, Inc.
,
CHANGE ORDER REOUEST FORM
"PLEASE ACKNOWLEDGE WITHIN 7 DAYS"
(Failure to respond within 7 days may delay completion of the equested work)
DATE: October !I, 2003
TO: KRi\FT CONSTRUCTION
2
CONTRACT NAME: NAPLES JAIL BUILDING "K"
CHANGE REQUESTED BY: SCOTT WRIGHT
CON
CHANG ORDERJ#: 02 REV. :z
DESCRIPTION OF REOUESTED CHANGE:
FURNISH ONLY:
SIGNED AND SEALED SHOP DRAWINGS
FURNISH AND INSTALL:
272'-0" LN FT OF GALV ANlZED STEEL WALL SYSTEM FRAMING WlTII T ALIA-S' LOUVERS BY BARNETT
BATES I.] 1132'1 X 1/16" FORMED LOUVER BLADE. 80% VIBW BLOCKING 8T HORIZONTAL
ORIENTATION. FRAME BAR. BANDED. TUBE STEEL FRAMED WITH POWDER C AT FINISH.
ONE(l) GATE, SlNGLELEAF, 8'.0" TALL X 4' WIDE
. DIMENSIONS ARE APPROXIMATE... WILL BE CONFIRMED THROUGH APP
. GAL V AN1ZED STEEL WALL SYSTEM FRAMING WILL BE FINISH PAINTED
ERECTION
. PRICE FOR. PAINT NOT TO EXCEED $15,00 PER GALLON
PRICE FOR REQUESTED CHANGE: 591.400.00
ADDITIONAL
BANGE: ~
..
FLA. ALUMINUM REPRESENTATIVE:
REQUIRED FOR
PLEASE CONSIDER TEllS AS APPROPRIATE AUTHORIZATION TO EXECurE THIS CHANG ORDER.:
AUTHORIZED BY:
SIGN NAME
AUTHORIZED BY:
PRINT NAME
DATE:
#1 Tom Rab Lane, S.W. . Crystal Industrial Park. Ft. Myer , FL 33907
,"'''''',...., n...../.' n-1~"'" "n"" .1,",,""""'\ f"\""~ "~nll
1
.J..
10/09/2003 14:10 #466 P,002
\'IHi~);:iI::- y)r'lo!l
re ,; SO:. ~ ~ 1
,From:CONSOLIDATED
18037446093
(1/ .
~'I-
::i-i:::~v.l:;ilIH1,J II!!; L10 .
tiH I t;:i J.;UKI"'.
t:iHKI'lt
BARNETT BATES 'CORPORATION
3912
FAX: B 1 5 7 2 6 . 9 Z1 a
www.BernlttEalls.co."
IQUOTE,
Complllny FlorldlS Alumil"\um and SlElsl.
...me Gary Huahas
Add..... 1 Tom Rab Lane
Da te 10f3120D:!
QUgtv Ng RT. 444
.Jail Mllt'lIlt Naples Jail Center
Ship Dala
Freight AllowolI To Ft. Meyors. r-I
Shl p Vlu 8r;slwOlY
Pl'ClpDsa' B;w Rober! Barnett. Jr.
Bas. Meuurements
CltyJSt4teJZlp Fort Myers, FL 3390'T
PhDn" 239-9313-8153 F.JIt ~39475-2097
I
.4'L1? . 'Z6'i 7
Ship Ta
Weight
Treads
16,921 Set. Ft.
c
it.m # j.:!J
ARCHITECTURAL SCREENING
Genuine Orsogrll TaU..BO by B-.rnettBates,
1.31/32" x 1/16" Formed Louver Slade.
80% Vlllw Slcl:klng Style - Horizontal Oti9ntation,
Frame Bar Banded, Tube Steel Frtlmed
"6B20" 20 Year Warranty Powd.rccilt Fini$h
(84) Pieces, 8'.0" till! x 4'.0" wide
(2) PiecBS. 8'-0" tall x 3'.0" wide
(1) Piecl2, 4'.0" tall x 3'-4," wide
(1) Piece, 8'.0" tall x 2'-8" wide
(1) Gate, Single Loaf, 8'-0" tall x 3'-4" wide
· Dimemillons are approximate ... will be confirmed through approval dra~;"g&
.. Tube steel frames wiU have holes to accommodate fasteners to 9uppor~ steel
.. Fasteners to support steel are BY OTHERS
.. Supportstcael is SY OTHERS
W'fIlght. Ifrlm SUbTotal: 16,$21
... scOPE NOTES ..
r=
1.) PrieD a~ quoted .Includes infill material., tube stael frame R1atarilils, fabrication, fin shin; 8:1
describa~ and delivery to tha Jabsito boed en ONE shipment. AdditIO"'15hiPmgn~WIll
inl;:reaso price.
2.) BilrngttBates Corporation manufactures and fabrlcatas bar grating produet3 in ae DrcaneR
with standards, s~ecfficatlo"' and talerllnt:95 as definell:l by A.NSIINAAMM MBG 531.0 .
Q
BII"r\llttl:latQs corp. Q~l;Ito No. RT - 444
80C.S41.3912 JClb Name: Na"{c.~ Jail Cr!nrer
10/3/20 :3 11 :02:30 AM
Page 1 er 2
r. ~v.li:::/~v.Jj
eo:'
,A
'From: CONSOL I DATED
18037446093
10/09/2003 14:10 #466 P.003
UI.:I-I~;::;-i:::~~j;:i\.rl"\1.' 11~;40 t;:iHKI'lt' .t:iHlr,;:; I.:IJKI-". l.rfVi)1:;ip '1i:::1l!!
3.) TM s.n., will no' be ....pon.lbleto' .nywDrk. Dharg es Dr bilUng m.~. by tho pu I. has.r Dr hi.
subc;ontrar::tgr unless previously agrnd to In writing BarnettSate$ quotation is predi ated on the
terms described hargjn, Use gf ijny olhllf contrac:t form. IncludIng AlA forms will req Ire an
analysis or added exposure, l;QSts and possible prohibitions.
.. DRAWINGS'"
1.1 This proposallnc:ludes drawings for approval, revisIons and InstallatIon drawing , Drawings
'or approval or Inslallatlcln will ba:sQnt qJoclronlcally. Plsilse provide appropriate D ai/llddrulls
at tlmo or order. .
.. FINISHING NOTES ..
:
1.) '18920" Pewdefcolt UIQ_ an polyestlf Inamll ba.. COlt and callminltu milny Df e problems
associated with pcwdafcoat ovar 9alva"l~jn9. Thla finilllh provid8S II unlferm 51urfac without
roughness and SarngttBatos Corpofliltion warrants this liniaR for 20 YUlInI agiJinst correalen.
.. PROPOSAl. NOTES ..
1.) This prcpgsal is valic:l for IiCclIptancD in 3D days and ahipmlilrita in 180 days. from jh8 elite
st'lcwn IilboV8. Purchlls& orc:lar'lll p.llced IftRr 30 al)'1I or shipments requil"8d blilycnd sa days &Ire
sUbject to pries FliIvlslon.
Z.) Terms of the .lIle a1"8 1%10, NET 3D Days, Nc R..-liIinagll. . OvarduB balance. al'llil SlljlbJ81:t to a
late payment ch.rg.. Tax.., if IIpplicable, ant EXTRA. BilfnattBiltes Corporation I:olleets Bnd
ramlb; NO laxes outsido thlll Stata' of Illinois.
3.) All matarials. m5lnufac:lured by BamettBates Corporation shall be warrantad.far II criod of onll
(1) yelir from the date of shipment. The matarial.. shall ba warranted tg bs frag from afllll:ts In
workmanship. If any part of the materials should fall during the warranty p8rlod. it S IIllbe
rBplilC::Bd by EhilrnsttBates Corporation. This warranty shall be limited to materials a Iy. Labor ta
i"st~1I the faplacament. daJlvDry charges, salBS tax lOr any gthgr chargllS .... nDt cov red by
SliImllttBatQIiI Corpor.ation. In no event shall BamuttSalGa Corpcrallan ba Ilabla for cnsequenUal.
~pllt;iel cr incic:lllotal d.magas arising aut af or cannected with the PUrc~lIUil. er use r this
product for Q"Y brellch of wlIrranty.
4.) Pllase provide BlIrnlilttBliltn with all d.aJgn drawings and/or skltch.. showing 9 neral
.rl1lngemants, InstllJlatlon requlrlmlnts 8"d any ather pertinent InformatIon tD alia us tg
proc..d with datill shop drawing- for your rlvllw and approval. Whlill1 WII hIve ree Jved these
mltuials, WII clIn provide Il ahop c:lnawing IIchl!ldula.
u EXCLUSION~ -
1.) Field mllasursmBnt, installation lind/lOr erl!lction, conl:retll anc:hor'Sl, hardwar. ar iI
fastenenl not specifically IIstru:l ills.where In thf. proposal. .
.. ADDITIONAl.:. DETAILS..
1
1.) PIBiIISB visit www.barnettbates.com for additional praduct daQiI;, specifications nel project
photos.
Total Charges
$41,97
Barnett8alt1s Corp, Qucta No. RT.. 444
Bca.M1.3912 Job Namll; N01J/I...'1 Jail Center
'O/31Z 0311:02:31 AM
page 2 or 2
r', 1.:u.:J;JI ~n~;j
lOB
. ~
r~.
I
Prom:CONSOLIDATED
18037446093
11/07/2003 15:30 #691 P.001/00l
Florida Aluminum
& Steel Fabricators, Inc.
,
1 r~ I'~-:-;
:1 ~ t~
., \\j U
CHANGE ORDER REQUEST FORM
"PLEASE ACKNOWLEDGE WITIDN 7 DAYS"
(Failure to respond within 7 days may delay completion of the requested work)
DATE: N Qvem her 7. 2003
TO: KRAFT CONSTRUCTION
FAX#: 239-530-0722
CONTRACT#: 03-137
CONTRACT NAME: NAPLES JAIL BU~DING UK"
CHANGE REQUESTED BY: SCOTT WRIGBT
DESC~TION OF REOUESTED CHANGE;
FURNISH AND INSTALL:
FIVE (5) GALVANIZED STEEL BEAMS FOR CHILLER SUPPORT STRUCTURE
CHANGE ORDER#: 01 REV. 1
EXCLUSIONS:
ALUMINUM CAP FLASHING
VIBRATION ISOLATION .
CONCRETE
ProCE FOR REQUESTED CHANGE: ~~oo ADDITIONAL TIME REQUIRED FOR
~~N/A
FLA. ALUMINUM REPRESENTATIVE: "-...~; ~h .
SHANNON SMITH I
PLEASE CONSIDER THIS AS APPROPRIATE AUTHORIZATION TO EXECUTE TIllS CHANGE ORDER:
AUTHORIZED BY:
~IGN NAME
AUTHORIZED BY:
PRINT NAMIi
DATE:
#1 Tom Rab Lane, S,W. . Crystal Industrial Park. Ft. Myers, FL 33907
(239) 936-8153 . FAX (239) 936-4594
HL....'--'
"HIl.UI'if-lL
PAGE 03
T -038 P. 002/009 F"040
~ov-04-2003 1?:4~
From"
~'~~.'.~QJ~N~;~970061;
Oot-31'03 2:02PM;
1 0 'B,;~;.
fc. ~* .rt ~
r~t~t,H' ~ ~
1o(~/t03
JENSEN PROPOSA
UNDERGROUNC UTILITIES. INC. NO. Bl
5585 TAYLOR ROAD, NAPI. ES, Fl 3410S DATf:_ 9/2~12(
PHONE: 2J9~5fil7-0(l60 FAX: 239..s97'.oOS1 SHEET NO, 1 Of1
CeFmFIEO UNOERcSROUNO UTIlJTY> CU 004<0.996 FIRE S~RIM<LER CONTRACTOR V, 1179SIOOOl9.l
PROPOSAL SUBMITTED TO;
NAME Kraft ConstnJction Company, Inc.
STReET 3305 E. Tamlami Trail ~
CITY N:;Iples
STATE FL
PHONE ~O~a72.2 FAX: 530-0388
We her.by prop""" 10 ful1JIsh the m.18~.1s .nd p.rrorm the 'abar necs...1Y forthe eompl.flon o~
WORK TO BE PERFORMED AT:
Naples Jail Expansfo" (CEP) .
STREET US 41
= CIlY llaples, Fl.
CATS OF PlANs 7/23/03 No RevIsions
ENGINEER Louis Couch Architect
STORM:
Proposed Ctrang8 Order
1 EA
28 LF
1 EA
, EA
Type C Inlet
12" RCP eel 3)
COn! Drill
Raise Existing Inlet
LABOR MATERIAL
500.00 600.00
2BO_OO 400_00
700.00 150_00
300,00 _ 240.00
.JOB TOTAL CJ~ J3'ft!J
1,100.00
saD,DD
850.00
S40.00
":B!D:eo-
3/70
NOTE; 1} NOT REsPONSIBLE FOR PRIVATE UTlunes NOT LOCATED BY 'IllE RESPECTIVE owr.l'R.
2) TJlERE WILL BE AN ADDITIONAL CHARGE FOR ROCK BLASTING, EXCAVATING, IfANMERING & CUTTING
3) THERE WlU se AN ADOmONAL. CHARGE FOR ROCI( REMOVAL FROM PROJECT SITE.
4) NO UNSUITABLE MATERIAL REMOVAL OR REPLACEMENT WITH ACCEPTABLE: MATERIAL
5J NO TAMPER SWITCHES:
6) ALL PIPING STOPS 5' OUTSIDE BUILDING FOOT PRINT,
7) FINAL CONNEcnON @ BUILDING BY OTHERS.
8) NO LAYOUT.
D) NO DENSrrv TESTING COST.
10) NO CONN~C1l0N, INSPECTJON. PERMITS OR IMPACT FEES.
"" ...to~" to --to .. a. ."".Jr.... 'nd th........ ....... '" ... po",,",",," 10 >=mIanco with ... dnovIne-..d
'_..ao.. aubonl_ for abBY' walk "'d com_. in 0 '-!entia' ".rIon"'"b ""__ forth. .urn or (SPER ABllYE)
..II...lo!OI "'~."", .. h. m.... .. IU"....; {;fs wark oIli!S......... .........At _ "J1~;n "'''''' I2DI .... Of ..rmU,
RE!8Peetfulfy aubmltted: ~;g;l).J....,. ~
JENSEN UND~GROUND. UTILITIes, INC.
"" ,-""", _110, .... ,.... "_ions InwMo.g ..... _... """ o. ......... ''I''''' ....... ....... ."" ..n .._... "',. do....
""!h."""", AI'_..,;.1lIs "".- "".. """... _de"" or d.lays ...... .ur e,.",I. """or 10 "''''' "rB, lorn'd' '.. ,!hot .......'"
IUl"lln~ Llpon !lboII'!! WOrk. Worker's CompensatJlln Ilnd r:lUtllio liability Insur.lf1t:e Dn abCVll WDrk lD be !eken alll by:
:N~eN UNDERGROU~D UTILITIES. INC_
I~: 'rtlill propoll8f mal' be wmtdrawn by LJ; If not l:lCCi'pteo Within -L r:fays,
Aec:epbinco of P,.c.PClS~'
' ,.... prie.., 'peeiffCO..no ,.. e,mdil/o"".", ...,.!'Octo.... .nd.re h.n>by .e..p",.. Y.u... .u!ho..;,.... "'n, ......
speclfled. Payment will bli!! rt1:lde as OUtlInud abDve. '.
Slgmu~",p
SIgnature
:e
2295
,', I.'
INVOICE
PrinDiv: 8526/03 08:51:19
KRAFT CONSTRUCTION
2605 S. HORSESHOE DR.
NAPLES FL 34104
. ~_;i'<,":-;::,-.:.
d.(}.
Ui'~n
lTEt'/I- t"';i.. i~;"i8~::T-:;
2295
SQ. FT. 21H
s-~-
~~
~
" .() \J
o ~,
\o\:/ ~
\!(}.~~'
oy
:1 erk: TMB
.lease call with any discrepancies
IJJa.. .!"~
08/26/03 103319
'.. KRAFT CONSTRUCTION
" 260S S. HORSESHOE DR.
NAPLES FL 34104
i ., _ _ ~ ; - -.
08/c~6/03
;.:>ri. ,';Y.: _
DIGITAl PRINT .. 8750
15 S!ts of 11(Jex42) 2295 SQ ft
VENDOR # (YU C() _
JOB # f -LO.-{){
C/CODE 07-1 L{
G.L. DR.
G.L. CR.
APPROVAL.
Sale aMount
Balanc.e . due __ ..__
112.13
172.13
Tax
10.33
182.45
Due Date: 08/26/03
c:) J ^ I
. d/~.!\--L"--"--/Aj'J\--~
C- ,1
rJ\ :'
~~Q 1\
ent By: PAGE MECHANICAL GROUP INC
'.
,
239 275 6635
Sep-8-03 4:19PM;
Page 1/1
Paqa Mechanical Group, Inc.
1 r'~
'" ~~
9/8/03
Kraft ConstmctiOll Company. Inc:.
3305 East Tamiami Trail
Naples, Fl. 34112
AUCtltion; Scoll Wright
Re: N~lp\es Jail CEPJRcviscd CEP Dr:lwinB~
The fol1o~.;ng is our proposal 10 il\oorporat~ the ch.sn8cfo 011 Ihe rcvis;cd CEP drc'lwings.
Scope of Work
1) Drain and rc-Iocale (3) Ice Slorclge Tanks.
2) Drain and re-locale (1) Fareo Tank.
3) Dispose of (4) Cahnac Tanks olf site.
4) Provide and Install VlG Piping inducting lrcnch and bfiCkl1l1 10 ncw Tank Fann locatiol1.
5) Provide and lnsta.lI (4) additional Air Vents.
6) Provide and Install ~itional pipc 311d fillings for revised plant layout
7) Provide and Install additioml pipe stands (hot dippal g;d"<Inized).
X) A.ddilional glycol for increased voJume of piping.
9) IncrC:lscd Equipment Rental for UfG Pipe instalJation 3nd rc-toc:llion ofT.mks.
to) Crcdil rOT (2) l4"x\O" Weld Tees. (2) 10" BUllt.rny Valves. (1) Air Sc:pcrctlOT associated
pipng and flanges.
Total Add for M:derilll
Tohll Add for Labor
$20.647.00
$31.163.00
$52.R 1 0.00
Total Add for the Work ll8 Outlined Above
C1arification.1I
1) We will take ordinary due cafe ill lhe removal/re-localion or the existing ice storage tank~ bur
L,inJlOI be responsible fol' da.mages due 10 tJle age or condition of the existing equipment.
2) We incOt'J)OTalc Ollr proposal dated 4/22103 for dle purpose ofexICndit1/? Our c1arificiltioos to
this revised scope of work.
]) Coordinate with Control!i subcont.ractor as required to confirm quantiti~ and scope as
previously ;.Igreed.
4) Ice Stora~c Tillaks must be installed 011 a level slab.
We hope the above meels with YOUT i.IPpnl\llll i:md thelt we can be of further service Lo you. If you lli1vc an~.
queslions pleclse feel free to call.
Si'"r?~
RO~~uiS - ...
10879 Metro Parkway Ft. Myers, FL 33912
Phone: 239-275-4406 Fax: 239-275-6635
Naples Phone: 239-566-8252
CMC05S850 CAC057834 CFC0429.50
09-1&-2003 11:05am From-SPECTRUM PAINTING
+941 4346520
T-950 P.001/002 F-249
lOB
DATE:
September 19,2003
TO:
Kraft Con struction
RE:
Scott Wright
Naples Jail Center I Central Energy
Revisions
ATTENTION:
PROPOSAL
We propose to furnish all labor, material, supervision and equipment necessary to
complete the following Sections:
Item #1 Texcote Foundation wall at screen
1, Power Wash (Based on 2430 sq. ft )
Labor. . .. , .. . .. _ .6 hrs................ _ .. . .. . . . . .. . . . ... .... .. . .. .. -- -- . _ .. . .... . ..$
130.00
Material. ... ...,.1 gal., .,... .,._......,.. ,...., ,.... ......... --- ---. ... ..... ......$
14.00
2. Texcote
( Based on 2430 sq. ft )
Labor.. ...... ...25 hrs.. ........ ............ ..'.... ...... __................ .......$ 563.00
Material. ... .,...65 gal..... .,. ..... ._. ......... ,........ ......, ........ ....... ....$ 1,050.00
Total Labor and MateriaJ........... ........ ....... ............. ....... ..........$ 1.757.00
Clarifications:
1. No Painting included for Galvanized steel at Louver Wall System
2. No Painting of Louver Wall System
2G29 South HorseshO€ DriVe · NaplES, Florida 34/04 · Office (239) 643-2772
NEW Canstrudion Fax (239) 643-0693 · REstoration Fax (239) 434-G520 · Accounting Fax (a9) 403-7J?A
n9-1~-2003 11 :05am From-SPECTRUM PAINTING
+941 4345520
T-950 P.002/002 F-249
1.
u
:"'\ii!
Item #2 Steel Supports for coolinq tower, duct s and pipe at roof
Labor..... _.33 hrs. ..,. ........ ... ......... ..,. .._ -... .,.. ......... '" ._.. ..,.......$ 743.00
Material. , ..12 gal....,............ ... .........., . ...... ... .. .... .. . ..,.. ... ... .... .$ 304.00
Total Material and Labor......................................................$ 1,047.00
Clarifications;
1. No Mech / Elect pipe painting or ID
Item #3 Rails and Ladders
Labor...., .16hrs..................,......... .... ... .................................$
360.00
Material. , _..3 gal.........,.........................................................$
76.00
Total Material and Labor............ .............................. ........ ....$
436.00
Item # 4 Pipe Sollards (4)
Labor..... ...2 hrs.. __.. ..,...... ...... ..... ........... ....... ......... __ _......................$
45.00
Material. .... 1 gal..... _ .. .. . .. . .. . .. .. .. ..... .. .. .. .. . ... . . . .. __.. .. .. .. . .. . .. . .. .. $
23.00
Total Material and Labor.....................................................$
67.00
locAL .$ 3, '30"1 .00
All work to be performed according to PDCA (Painting and Decorating Contractors of
America) guidelines.
SPECTRUM CONTRACTING, INC.
Rich Baldi
Estimator
108
December 4,2003
Sent Via Fax 262-0715 & US Mail
Mr. Jack Crognale
Collier County Facilities Management
3301 Tamiami Trail East, Building W
Naples, FL 34112
RE: Naples Jail Center C-IO-01260
Dear Mr, Crognale:
This PCR is submitted as a change order request in response to Proposal Request #4 dated
10/28/03 issued by AEC National, Inc. for the build-out of the Naples Jail 3rd floor, This pricing
is based on the drawings as listed on the Proposal Request's attached Drawing Index and
Specifications dated 10/15/03, In summary the 3rd floor build-out is relatively similar to the 2nd
floor with an open dormitory layout with the exception of the prefabricated steel cells in the
southeast quadrant and center of the floor. Also a staff fitness center and locker rooms has been
added,
Total Cost for 3rd Floor Build-out .......................................$4413390.68
A sixty (60) day time extension is required to complete this additional work. Kraft will proceed
with this additional work upon official approval of this pricing and the requested time extension.
See the attached page for clarifications and exclusions to this PCR
CC: PCR #1260-26
Rusty Elferdink, CCFM (514-7280)
Bob Schubring, Kraft
M~~ M11- l''l~-<Y-I
;;;;;;;'~dc!, pfY
Approved By: Ja~ro nale Date
COlli~ ~urm; aci'ti Management ~
Reviewed B : Rusty Elferdink Date
Collier Cou ty Facilities Management
Respectfully,
KRAFT CONSTRUCTION CO" INe.
~LJ~(!r
Assistant Project Manager
.2606 Horseshoe Drive S. . Naples. Florida 34104 . (239) 643-6000 · Fax (239) 643-0090
D 12120 Metro Parkway, Suite 117' Fort Myers. Florida 33912. (239) 561-5181 · Fax (239) 561-5129
D 1 058 Tamiami Trail N. . Sarasota. Florida 34236 . (941) 330-8990 · Fax (941) 330-8994
www.kraftconstruction.com
Naples Jail Center
3RD FLOOR BUILD-OUT
u.t u 't C t All
S b t t
T t I
10
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
49
50
51
52
53
54
55
56
57
58
59
60
61
62
Cost Code Description Qtv nI nI os owance u con rac oa
01-005 Proiect Executive 64 hr $115.00 $7,360.00
01-010 Proiect Manager 8 wk $2,240.00 $17,920.00
01-015 Assistant Proiect Manager 8 wk $1,840.00 $14,720.00
01-020 Proiect Secretary 8 wk $920.00 $7,360.00
01-025 Superintendent 8 wk $1,600.00 $12,800.00
01-060 General Labor 8 wk $600.00 $4,800.00
01-070 Vehicle Allow. (1 truck, 1 suv) 2 mo $1,200.00 $2,400.00
01-075 Gas & Oil Expense 2 mo $275.00 $550.00
01-100 3 - Jobsite Office Trailers 2 mo $662.50 $1,325.00
01-105 Office Eauip/Supplies 2 mo $900.00 $1,800.00
01-110 Postaae/UPS 2 mo $400.00 $800.00
01-120 Temp. Water 2 mo $100.00 $200.00
01-125 Temo. Phones 2 mo $600.00 $1,200.00
01-130 Temp. Toilets {total 4) 2 mo $350.00 $700.00
01-135 Proaress Photos 2 mo $79.50 $159.00
01-140 Plan Reproduction 1 Isum $6,000.00 $6,000.00
01-145 As-Built Drawings 1 Isum $3,000.00 $3,000.00
01-150 Proiect Signs 1 Isum $500.00 $500.00
01-200 Debris Chute 2 mo $200.00 $400.00
01-205 Dumpsters/Trash Removal 20 ea $325.00 $6,500.00
01-215 Final Cleaning 1 Isum $12,000.00 $12,000.00
01-225 Periodic Cleanup 8 wk $1,800.00 $14,400.00
01-230 Protect Finished Work 1 Isum $8,500.00 $8,500.00
01-305 Hoist Rental (Crane) 1 Isum $18,000.00 $18,000.00
01-310 Hoist Ooerator 1 Isum $7,000.00 $7,000.00
01-340 Small Tools 2 mo $500.00 $1,000.00
01-400 Risk Control Services 32 hr $55.00 $1,760.00
01-410 Temp. Barricades/Ladders 1 Isum $3,000.00 $3,000.00
01-510 Progress Scheduler 32 hr $56.00 $1,792.00
GENERAL CONDITIONS TOTAL $157,946.00
I
03-300 Cast In Place Concrete 1 sub I $543,472.60 $543,472.60
04-1 00 Masonrv 1 sub Masonry ricing included in 03-300 Concrete
05-120 Structural Steel 1 sub $4,440.00 $4,440.00
06-200 Rouah/Finish Carpentry 1 sub $26,210.46 $26,210.46
06-41 0 Cabinet Work 1 sub $45,300.00 $45,300.00
07-900 Sealants $6,000.00 $6,000.00
09-260 Gvosum Wallboard Systems 1 sub $21,890.00 $21,890.00
09-310 Ceramic Tile 1 sub $10,884.00 $10,884.00
09-510 Acoust. Ceilinas & Insulation 1 sub $62,016.00 $62,016.00
09-660 Special Flooring (Epoxy) 1 sub $12,550.00 $12,550.00
09-690 Carpet & Resilient Flooring 1 sub $12,157.00 $12,157.00
09-900 Paintina & Caulking 1 sub $111,768.00 $111,768.00
1 0-100 Markerboards & Tackboards 1 sub $1,614.00 $1,614.00
10-400 Identifvina Devices (Signage) 1 sub $2,595.12 $2,595.12
10-500 Lockers 1 sub $5,008.00 $5,008.00
1 0-522 Fire Extinauishers 1 sub $586.00 $586.00
1 0-800 Bath Accessories 1 sub $1,472.00 $1,472.00
11-690 Detention Eauipment 1 sub $1,855,000.00 $1,855,000.00
15-300 Fire Sprinklers 1 sub $53,143.00 $53,143.00
15-400 Plumbina 1 sub $349,760.00 $349,760.00
15-650 HVAC 1 sub $363,245.00 $363,245.00
15-660 HVAC Controls & Fire Alarm 1 sub $58,562.00 $58,562.00
16-001 Electrical 1 sub $301,000.00 $301,000.00
SUBCONTRACTOR TOTAL $3,848,673.18
Subtotal $4,006,619,18
88-800 (Items 1-6 and 29 above) Labor Burden @ 60% $40,051,20
88-300 General Liabilitv Insurance ~ .575% $23,268,35
18-010 Construction Continaencv @ 2% $81,398.77
88-302 Bond ~ 1.25% $51,891.72
90-001 Fee ~ 5% $210,161.46
Total $4,413,390.68
108
3RD FLOOR BUILD-OUT CLARIFICATIONS & EXLCUSIONS
1. Specifications are to be used from "The Expansion and Renovation of the Naples
Jail Center" dated 2/14/03 for specification sections not specifically provided in
the "Third Floor Build-out of the Naples Jail Center" specifications dated
10/15/03, i.e. 09310 Ceramic Tile.
2. The interiors of the prefabricated steel cells will be pre-finished with polyurea
paint. The exteriors will be pre-prime painted only from the manufacturer. Field
painting of the front exterior face and front side of the cell doors only is included.
All other exterior surfaces are excluded and will remain prime painted only
including the mechanical chase areas.
3. The prefabricated steel cells come precaulked on the interior. An allowance of
$6,000.00 is allotted for caulking of the front exterior side if required.
4. Floor and slab caulk is excluded at the prefabricated cells.
5. Concrete floors in the prefabricated cells, mezzanine and stairs are excluded,
finish schedule on A1.18BO indicates these areas as sealed concrete. It has been
verified with AEC National that it is to be steel and not concrete.
6. Visual display boards are to be by Polyvision - Nelson Adams.
7. Lockers are qualified as two tier (12x18x36) 24 guage knock down lockers with
sloping hood, numbers, full length piano hinges and fillers.
8. Door hardware maintenance demonstration is included.
9. All required keys and keying are included.
10. Door hardware extra material is included.
11. A 5 year door hardware warranty is included.
12. Johnson Controls has excluded security for the 3rd floor.
13. A sixty (60) day time extension is required and included,
14. All exercise equipment for the Staff Fitness room 3040 is specifically excluded.
15. If this proposal is not approved in time to fabricate and deliver the steel cell units
prior to completion and close-in ofthe building structure, Kraft reserves the right
for an additional contract time extension and associated monies to leave out a
precast panel for delivery of the pre-fabricated cells.
Architect's Proposal Request
Collier County
Naples Jail Center
3301 Tamiami Trail Bldg, J
Naples, Florida 34112
PROPOSAL REQUEST NO. : #4
DATE OF ISSUANCE: October 28,2003
1
;- ~
PROJECT:
,
LJ
OWNER:
Collier County Government
3301 East Tamiami Trail
Naples FL 34112
CONTRACT FOR: 134,700 s,f,
Jail Center Expansion
CONTRACT DATED: October 24, 2001
ARCHITECTS PROJECT NO,: 9819-004
TO CONTRACTOR:
Kraft Construction Company Inc.
2606 South Horseshoe Drive
Naples FL 34104
ARCHITECT:
AEC National
1100 Fifth Avenue South
Suite 201
Naples FL 34102
Phone: (239) 262-0025
Fax: (239) 262-0715
Please submit an itemized proposal for changes in the Contract Sum and Contract Time for proposed modifications to the
Contract Documents described herein, Submit' proposal within 10 days, or notifY the Architect in writing of the date on
which you anticipate submitting your proposal.
THIS IS NOT A CHANGE ORDER, A CONSTRUCTION CHANGE DIRECTIVE OR A DIRECTION TO PROCEED
WITH THE WORK DESCRIBED IN THE PROPOSED MODIFICATIONS,
Description:
Completion of the Third Floor per the Specifications and Drawings titled "Third Floor Buildout" dated
October 15,2003. The drawings for this work are as listed on the attached Drawing Index.
AEC National, Inc.
BLAt!.....;f- IJ. A-I Jj
Martin D. Miller
\\Nttlal \Jobs\98 I 9-004 Naples Jail Center\Proposal Requests\Proposal Request Fonn #4 1O-28-03.doc
Page I
lOB
r'>",~
DRAWING INDEX
GENERAL SHEETS
..... DATI!!
c.s. ICOVER) 1TTLE llEET
AO.. IIlEX IYIBlL8 LEClEIIlI AIlD A8IlllEYIAT1OIII
AU LFE IARTY PLA/IS
MAllO 11IIID FLOOR ~-ouT LFE IARTY PI.AN
CIVIL/LANDSCAPING
NOT USED
ARCHITECTURAL
OCTOBER 15, 2003
OCTOBER .. 2003
FEIlllIlARY 14, 2003
OCTOBER 15, 2003
NOTusm
At.. 11IIID MOIl PI.AN
At.1IIIO 11IIID FLOORIllLIHlUT PLAN
At.f7IO TIIRO FLOOR IIllIUHlUT FNSIfIWAIJ. TYPE
11.18BO TllRD FLOOR IIIIIJ)oOUT . UPPER TEA "'H/WAIJ.
TYPE/8lGIlAGE
A2.04IIO 11IIID FLOOR IIIIIJ)oOUT IIGNAGE PI.AN
A2.13II0 11IIID FLOOR IUI.IHlUT DOOR ICIIEIIIUI DOOR TYPEI
A2.2fIO 11IIID FLOORIllLIHlUT WIllOW ICIIEIIULEI WIllOW TYPES
14,0180 TIIRO FLOORIIIIIJ)oOUT K.AIlGED PLAIII AlII ELlYATIONI
14.0110 11IIID FLOORIUI.IHlUT BIWlGED PLAIII AlII ELlYATIONI
AI,oeao TMlD FLOOR IIIUl-OUT Ial.WORK EILAIIGED PUlIS Alii
ELlYATIONI
".0410 11IIID FLOOR IIIIIJ)oOUT REFLECTED CELIIQ PI.AN
ELECTRONIC SECURITY
01.2 IEc:lIIlITY ELECT1lOIICI LAYOUT
03.0 11IIID FLOOR
03.1 11IIID FLOOR UPPER TEA
OU 11IIID R.OOR RlIEIl
FEBRUARY 14, 2003
OCTOBER .. 2003
OCTOBER .. 2003
OCTOBER .. 2003
OCTOBER 15, 2003
OCTOBER .. 2003
OCTOBER .. 2003
OCTOBER .. 2003
OCT08ER .. 1003
OCTOBER .. 1003
OCTOBER .. 1003
FEBRUARY 14, 1003
OCTOBER .. 1003
OCTOBER .. lOO3
OCTOBER .. 2003
STRUCTURAL
St.OBO llE/EIlAL NOTES A1111c:llED1LE1
It.l OYERAIJ. DIEIIllIOll PI.AN
12.01 FIlIT FLOOR IITEIIIEIllATE
12.080 FOUIIIATION PLAN
12.10 IECOIII R.OOR PI.AN
12.11 IECOlII FLOOIl REIIFOlIC118 PI.AN
lU080 11IIID FLOOR PI.AN
IUllO TIIRO FLOOR 1lIM'0IlCII8 PI.AN
11.30 ROOF FR.-o PI.AN
12.31 ROOF REll'ORC:IIIG PI.AN
11.32 PARTIAL ROOF FR"'G PI.AN
11.4 TIIRO FLOOR PLATFOIlM FHA" PLAN
14.0 .. DETAU AlII IECTlOllI
11.0 DETAU AIlD IECTIOlII
15.1 DEl AU AlII IEc:TIOII8
16.1 DElAU AlII IECTIOII8
11.3 DElAU AIlD IECTIOtII
11.4 DEl AU AlII IECT10III
15.5 DEl AU AlII IECTIOllS
MECHANICAL
OCTOBER 24, 2003
OCTOBER 24, 2003
OCTOBER 24, 2003
OCTOBER 24, 2003
OCTOBER 24, 2003
OCTOBER 24, 2003
OCTOBER 24, 2003
OCTOBER 24, 2003
OCTOBER 24, 2003
OCTOBER 24, 2003
OCT08ER 24, 2003
OCTOBER 24, 2003
OCTOBER 24, 2003
OCTOBER 24, 2003
OCTOBER 24, 2003
OCTOBER 24, 2003
OCTOBER 24, 2003
OCTOBER 24, 2003
OCTOBER 24, 2003
MU 11IIID FLOOR PI.AN . .. ADIlITlOII
MUSO HYAt :IIID FLOOR PI.AN ADIlITlOII
N..O HYAC PI.AN 11IIID R.OOR
Mt.3.280 HVAC PI.AN TlIRD R.OOR lI'PEII TEA
lIli,l ICIIEIlULES NVAC
PLUMBING
FEBRUARY 14, 2003
OCTOBER 15, 2003
OCTOBER 15, 2003
OCTOBER 15, 2003
FEBRUARY 14. 2003
P1.38O
P4.O
P4.110
P4.2IIO
P4.38O
PU80
PLu.IlQ PI.AN 11IIID FLOOR
_ R.OOR IlUllGEIl PI.AN
IECUllITV VALVE LOCATION 1ST, _, AlII 3RD R.OOR
IIUIIGED PI..-cl PI.AN 'MIO R.OOR
IIUIIGED PUlIRtG PLAN 11IIID R.OOR lI'PEII TEA
PI.lIIIIIQ _ERa
FIRE PROTECTION
OCTOBER 15, 2003
FEBRUARY 14, 2003
OCTOBER 15, 2003
OCTOBER 15, 2003
OCTOBER 15, 2003
OCTOBER 15, 2003
FEBRUARY 14, 2003
OCTOBER .. 2003
FU FUTUllE 311D FLOOR PI.AN FIlE PROTECTION PLAN
FUlO 3RD FLOOR FIRE PROTEc:TIOlI PI.AN
ELECTRICAL
EO,' ELECTRICAl. IYII8OLS, LEGEIIIS, AlII NOTES
W TlIIIIl FLOOR PLAIl .. ADIlITlOIIUlIIHtIICl
E2.480 TlIIIIl FLOORIUll.IHlUT IEW AIllIITIOII U8IlTIIG
EU80 TMlD FLOOR ~ TEA UD-OUT PLAN .. ADIlITlOII
UGHTIlQ
EU TlIIIIl FLOOR PLAIl .. ADIlITlOII POWER
E3.48O TIIRD FLOOR IIULIHIUT PLAIl .. AIlIlITION POWER
EUIlO TlIRD FLOOR ~ TEA IIlIl.D-OUT PLAN .. ADIlITlOII
POWER
E4.3 TIIRO FLOOR PLAIl . IEW ADIlITlOII . I"TEIIS
E4.4IlO TIIRD fLOOR PLAIl . IEW ADDrTIOII . IUI.IHlUT
EUlI)TlIIIIl FLOOR ~ TIER IUI.IHlUT PI.AN JEW ADIlITlOII
I"TEIIS
0,' POWER IISER DIAGRAM
0.2 nlTEll RISER DlAGRAIIS
EU PANEL BOAIID ICHElIULEI
EU PANEL BOAIID ICHEDULEI
!mil
11IIID FLOORIUI.IHlUT COIISTRUCTION DOClIlENTI ARE TO BE COORDlt\ TED WITH,
AlII REfEIIEIICE NAPLES ./AI. ClWTER EXPANSION PHAIE UllUED FEBRUARY 14. 2003)
Alii AIlIlEIIIUIlIlO. t lISSUED !lARCH 14. 2003)
FEBRUARY 14, 2003
FI!BRUAIlY 14. 1003
OCT08ER .. 2003
OCT08ER .. 2003
FEBRUARY 14, 2003
OCT08ER 15, 2003
OC:T08ER 11, 2003
FEBRUARY 14, 2003
OCTOBER 11, 2003
OCT08ER 15, 2003
OCTOBER 15, 2003
OCTOBER 11, 2003
OCTOBER 11, 2003
OCTOBER 11, 2003
12/D2/2003 10:15
2394491453
COMMERCIAL CONCRETF
PAGE 02
:mullercia1 Concrete Systems., Inc.
:20 T~lor Road #101
.pleS, FI 34109
Page
1
of 1
Date: 11125/03
lUb
(l'\;
CHANGE PROPOSAL
lone: (941) 592-1101
ro: Kraft Const. Inc.
Fax: (941) 592-1103
JOB NAMElLOCATJON:
Naples Jail Center
~ttn.: Scott Wright
Ph. : (530-0722)
Fax: (S3o..0388)
Tc hereby submit s-peci6catiohs and estimates for dra.1I'iPg;s by: dated
Changes and additions to 3"' floor additional rebar, masonry, fill CeDI and beams.
As per new drawings.
.{f ,400.
See attached breakdown: .$ if~... r.j7.l. 6,0
We Propose: hereby to furnish Ul&teria1 aDd labor - complete in ~ with thll ~ specifications tor me sum of
to be made as foRows:
Payment
Invoice through 25th of the lDOuth to be paid the following 10th of tbe mouth
All maJerial is guaranteed to be as spccificd. AU work to be comple~ in a professioo&l mlUJllc::r aaording to $bmdard practices. An'i alnlrotlon or deviation from abcve
spc:cifi~tiaIls: iIlvol'ViDIJ Cldra CCIStS will be elU'lCUted ODly \lpOD writtm1 ordcr.I. 8Dd will become_an extra cbaric over and .bove the cslimllle. All agreements condngcnt
UpoD strikes, aaidcnts or delays beyond our c;ontrol. Owner to c:ony fire. tornado and ather neceswy insurance. Our workl:J1; arc .fully covered by Worker's
CompcnsalioD msuraol:e. .
A,cc:eptanc:e of Proposal- The above prices, ~ a:nd candi1ioas are satisfactory and an: hereby ru:ce
specified. Payment will be made 111 outlined above.
29- days.
Authorized Signature
Signature:!
Date of Acceplancc:
12!B2/2003 10:15
2394491453
COMMERCIAL CONCRETF
PAGE 03
PRASE CODE EST I HAT E D C 0 S T S lOB
COST CODES
DESCRIPTION: Il/M QNTY. COST/UN MAfRL. ~ABOR SUBCNTRf. MIse.OTBR. 'OTAL
30 S!lAB:
30tet Form Mat. Inft 0.00 1.250 $0.00 $0.00
30102 Form Labor - Direct 1nft 0.00 1.750 $0.00 $0,00
30103 Prep Labor - Subcnt. sqft 2,956.00 0.250 $739.00 $739.00
30104 Place/Finish - Sub. sgft 2,956.00 0.400 $1,182.40 $1,182.40
30105 Strip Labor - Direct left 0.00 0.250 $0,00 $0.00
30106 Visgneen (per 1000') sqft 0.00 0.025 $0.00 $0.00
30107 Wire Mesh rls. 0.00 BO.OOO $0.00 $0.00
3010B ElpaDsioD Joint ft. 300.00 0.250 $79.50 $97.50 $117.00
30109 Concrete cyrd 5.599.00 5.000 $29,674.70 $29,614.70
30110 Teaplates/Grout'g ea. 0.00 5.000 $0.00 $0.00
30111 Concrete PUlp cyrd 95.00 75.000 5,700.00 $1,425.00 $7,125,00
30112 Chairs ea. 14.00 0.300 $4 .45 $4.45
30113 Rebar ft. 0.00 0.260 $0.00 $0.00 $0,00
30114 Pads sqft 98.00 3.500 $363.58 $343.00 $706.50
30115 Curbs 111ft 37.00 55.000 740.00 $1,295.00 $2,035.00
30116 Staff Cont, Sb 4W sqft 2,&00.00 1. 000 2,600.00 $2,600.00 $2,600,00 $7,BOO.00
Phase Total; $39,162.Z3 $440.50 $7,241.40 $2,600.00 U9,444.13
-----------_._~-~-~----~----------------------------------------_._-~---_.._---------------_."------~-----_.-----
10%
if ~ W: rfl
54. ~A~ .l)'!
CD
12/02/2003 10:15
2394491453
COMMERCIAL CONCRETF
PAGE 04
PHASE CODE
COST CODES
ESfINATED COSTS
lOB
\;
i'
DESCRIPTION: U/K QNTY. COST/UNT MATRL. LABOR SUBCWTRT. MISC.OTHR. TOTAL
40 MAIN WALLS:
40101 Wall Labor-Subcntr. blt.44,9~5.00 3.000 $134,835.00 $134,835.00
40102 Balf Highs - Top Crs.hlk. 0.00 0.000 $0.00 $0.00
40103 Regular BlDCk b1k.44,945.00 1.350 $64,316,30 $64,316.30
40104 1/4 BIDck blk. 0.00 0.000 ~O.OO $0.00
40105 Floor Protection sqfttO,983.00 0.300 $13,032.59 $1.,34'.05 $27,376.64
. 40106 Rebar bs 17.00 535.000 $9,640.70 $9,500,00 $l9r140.70
40107 Concrete fill Voids cy 475.00 60.000 $30,210.00 $14,250.00 $14,250.00 $58,710,00
40108 Masonry Sand rId. 100.00 21.000 $2,226.00 $2,226,00
40109 Masonry ~ (Super) bags 1,000.00 6.500 $6,890.00 $6,890.00
40110 Precast Sil1s-lgr ea. 0.00 6.380 ~O.O~ $0.00
40111 Precast Sills-26,S' ea. 0.00 7.650 $0.00 $0.00
40112 Precast Sills-31" ea, O.~O 12,500 $O.oD $0.00
40113 Precast Sills-53' ea. 0.00 14.250 $0,00 $0.00
10114 Precast Sills-74' ea. 0.00 20.300 $0.00 $0.00
40115 Precast Sills-l07" ea. 0.00 25.500 $0.00 $0.00
40116 Precast Sills-Ill" ea. 0.00 28.500 $O.OQ $0.00
40117 Precast Sills-157' ea. 0.00 35.500 $0.00 $0.00
40118 Dura-Wall Inft30,DOO.OO 0.140 $4,452.00 $4,452.00
40119 Clip lnqles blk. 1,534.00 21.000 $32,214.00 $32,214.00
40120 Punch/Clean-up bli.4I,945.00 0.250 $11,23~.25 $11,236.25
40121 Scaffolding blk.44,945.00 0.500 $22,472.50 $22,472.50
40122 Lintel 3'0' ea. 0.00 9.60 fO.OO $0,00
40123 Lintel 3'6' ea. 0.00 11.18 $0.00 $0.00
40124 Lintel 4'6' ea. 0.00 15.30 $0.00 $0.00
40125 Lintel 5'4m ea. 0.00 17.14 $0,00 $0.00
40126 Lintel 5'101 ea. 0.00 19.99 $0.00 $0.00
40127 Lintel 716~ ea. 0,00 25.43 $O.OD $0.00
40128 Lintel 9141 ea. 19.00 33.90 $682,75 $682,75
40129 Lintel 10'6~ ea, 0.00 39.71 $0.00 $0,00
40130 Lintel 1110~ ea. 0.00 41.44 $O,O~ $0.00
401~1 Lintel 14'0. ea. 0.00 51.90 '0.00 $0.00
40132 Lintel 14 8ea. ea. 0.00 104.63 $0.00 $0.00
40133 Lintel 17'4" ea. 0.00 121,76 $0.00 $0.00
40134 1intel Laber/Ftg. Inft 190.00 5.000 $950.00 $950.00
40135 Hol Met. FrIes ea. 76.00 300.000 $22,800,00 $,2,800.00
Phase Total: $131,450,34 $38,094.05 $135,765,00 $102,972.75 $408,302.14
-----------------------~----------------~~~------------------~---------------------~---------------------._.------
I~"
:t/t;,K$O. U
. cP lfifCf, iP- -:~~
. ,
12/02/2003 10:15
PHASE CODE
COST CODES
23'344'31463
COMMERCIAL CONCRETF
ESTIMATED COSTS
PAGE 05
-r
DESCRIPTION: U/M QBtY. COST/UHT KATRt. LABOR SUBCNTRT. MIse.OTUK. tOTAL
50 TIE JEAMS:
SG10I Lamber 218's bdft 955..00 1.000 $1,012.30 $1,012.30
50102 Plywood 416 3J4" shts 95.00 24.000 $2,416.80 $2,416.80
50103 ClaJDPS ea. 316.00 0.100 $31.60 $31.60
50104 Labor cnfq 1,195.00 3.000 $4,660.50 $4,660.50
50105 J-Bolts ea. 0.00 0.300 $0.00 $0.00
50106 Labor - Subcontract Inft 0.00 3.500 $0.00 $0.00
50101 Tie Beam Kesh roll 3.00 10.000 $31.80 $31.80
50106 ~iDtel Hangers - rop ea. 19.00 0.090 $7.54 $7.54
50109 Lintel Hangers ~ Btl.ea, 79.00 0.160 $13.40 $13.40
50110 Rebar 1nft 4,000.00 0.320 $1,356.80 $1,200.00 $2,556.80
50111 Stirrups ea. 150.00 0.800 '127.20 $127.20
50112 Concrete euyd 13.00 6D.000 f826.8~ $826.80
50113 Truss Straps ea. 0.00 0.250 $0.00 $0.00
5(1114 Saw Inft 0.00 0.100 $0.00 $0.00
50115 Generator Inft 0.00 0,100 $0.00 $0.00
50116 Concrete Pump curd 13.QO 15.000 $640.00 $195.00 $835.00
50111 Misc. Katerial ea, '0.00 1.000 $O.QO $0.00
50118 lise. Equipment ea, 0.00 1.000 $0.00 $0.00
Pbase Total: $5,792.64 $6,500.50 $0.00 $226.60 ~12,S19,74
~-~---------------~-----------~------------------------------~--------------------------------------------i~,~;-~
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~
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(" f> rr?.$ 2, ~ ~ e..,t:mJ:f.
rfrrr $r,lJ.i5:>) C-fX-,;;>,
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Prom: CON SOL I DATED
18037446093
11/24/2003 10:36 #815 P.00l/00l
Florida Aluminum
& Steel Fabricators, Inc.
,
lOB
CHANGE ORDER REOIJEST FORM
"PLEASE ACKNOWLEDGE WITHIN 7 DAYS"
(Failure to respond within 7 days may delay completion of the requested work)
DATE: November 24. 2003
TOi KRAFT CONSTRUCTION
CONTRACT NAME; NAPLES JAIL
CHANGE REQUESTED BY: SCOTT WRIGHT
D:ESCRIPTION OF REQUESTED CHANGE;
FURNISH ONLY: EIGHT (8) STEEL PLUMBING PIPE COVERS PER REVISIONS ON THIRD
FLOOR BUILD-OUT PLAN SHEET Al.16BO
FAX#: 239.530.0722
CONTRACTN; 03-13"7
CHANGE ORDEJiU#: 03
:FURNISH AND INSTALL: TWO (2) VERTICAL HOLLOW STEEL TUBES 6" X 6" X 1/4" X 4'-0",
PER REVISIONS ON SHEET S2.30
LABOR COST: 53.410.00
MATERIAL COST: S1.010.00
TOTAL COST: 54.440.00
FLA. ALUMINUM REPRESENTATIVE:
ADDITIONAL TIME REQUIRED FOR
'\ \ CJlAN~~
~ ~: ~~~
SHANNON SMITH
PLEASE CONSIDER TIDS AS APPROPRIATE AUTHORIZATION TO EXECUTE THIS CHANGE ORDER:
AUTHORIZED BY:
SION NAME
AUTHORIZED BY:
PRINT NAME
DAn:
# 1 Tom Rab Lane, S, W. . Crystal Industrial Park · Ft. .Myers. FL 33907
(239) 936-81S3. FAX (239) 936-4$94
11/09/03 SUN 11:32 FAX 239 278 4636
KEN BUNTING CARPENTRY
[4J 001
! r, 7',)
l' l I))
, \ ~ .
'.::f ~.-
U Facsimile Transmittal U
KEN BUNTING CARPENTR~ INe
11000-15 METRO PARKWAY
Fan Myers, Florida 33912
(239) 2784446
PAX (239) 278-4636
Date: November 9, 2003
To: Kraft Construction Company, Inc.
Attn: Mr. Scott Wright
Assistant Project Manager
Re: Naples Jail Center (CIO-01260 - 26)
Su: Proposal Request No.4
Dear Mr. Wright:
In response to the drawings and specifications of AEC National (Project No. 9819.015) dated
October 15, 2003 pertaining to the proposed third floor build out at the above referenced project
please note the following:
1. Furnish labor only for installation of plumbing riser steel covers (15-2),
Seven (7) covers at $ 180.00 per cover = $ 1,260.00
2. Furnish labor only for installation of toilet accessories in common areas (toilet accessories in
cells not included)
Ninety-Three (93) accessories at $ 45.00 per accessory ... $ 4,185.00
Total Labor and Material
= $ 4,950.82
Furnish and install %" fire treated plywood sheathing at security ceilings type H & J
45 sheets %" fire treated plywood "'" $ 2.351.61
Self tapping screws for attachment = $ 185.50
Ken Bunting Carpentry 1 0% profit = $ 253,71
Total Materials = $ 2,790,82
Labor (48 man hours at $45.00 per hour) :;;: $ 2,160.00
. GINAL WILL NOT BE MAILED
11/09/03
SU~. 11:_~2 F~.. 23~J.78 4636
KEN BUNTING CARPENTRY
[4]002
,.
I ;l
: ..~
4. Furnish and insta1l2x4 flre treated furring for 4'x 8' acoustical wall panels
3,680 lineal feet of2x4 fire treated ... $ 3,174.25
3/16" Tapcons for fastening = $ 593.60
Ken Bunting Carpentry 10% profit = $ 376.79
Total Materials == $ 4,144.64
Labor (226 man hours at $45,00 per hour) = $ 10,170.00
Personnel hoisting (mechanized or scaffold) = $ 1,500.00
Total Labor, Material and Equipment "'" $ 15,814.64
TOTAL ADD TO EXISTING SUBCONTRACT AGREEMENT = S 26.210.46
III I I II II II I I I I I I II I I I I I / I I I I I I I I II II II / // I 1/111 I II /1 II I /111/11//// 1111/1/////1//11/// 1/1// 1///111/111 I I I I 11/1/11/11/1/////// 1/1/1
** Specifically excluded:
Hollow metal door frames, hollow metal doors, finish hardware,
signs/letters/plaques, visual display boards, cabinets/casework/shelving
Should you have any questions regarding this information, please contact me at your convenience.
Sincerely,
~ QwJ-
Terence C. Weber
Vice President I Estimator
Ken Bunting Carpentry, Inc.
PAGE 2 OF Z BEING TRANSMITTED - ORIGINAL WILL NOT BE MAILED
Nov ~8 03 12:56p
Adams Bros. Cabinetr~
841-575-2832
p. 1
Adams Bros. Cabinetry, Inc.
8079 Golf Course Blvd. Punta Gorda, FL 33982
Phone: (941) 639-7188/ Fax: (941) 575-2832
www.adamsbro.com/info@adamsbro.com
108
CHANGE ORDER PROPOSAL
Scott Wright
COMPANY:
Kraft Construction Co., Inc.
FAX NUMBER:
239-530-0388
FROM:
Dan Adams / Rich Thompson
DATE:
11/19/2003
TO:
TOTAL NO. OF PAGES INCLUDING COVER:
1
Change Order #1
JOB NAME:
Naples Jail Center
JOB NUMBER:
3545
PHONE NUMBER:
239-530-0722
RE:
o URGENT 0 FOR RBVlBW
NOTES/COMMENTS:
o PLEASE COMMENT 0 PLEASE REPLY
o PLEASE RECYCLE
Proposal Request #04 - Third floor Buildout
Nurse Station 3037:
Security Office 3031:
Treatment 3038:
Staff Control 3009 & 3064:
Base Cabinets, Solid Surface Counter, Locks
Base Cabinets, Solid Surface Counters, Lap Drawers, Locks
Base Cabinets, Overhead Cabinets, Solid Surface Counter
2 Desks (Plastic Lam. Knee Wall, Base Cabinets. Solid
Surface Counter, Lap Drawers)
ADD $45,300.00
Please call if you have any questions or concerns.
Sincerely,
~C~
Dan Adams
Vice President
If the above terms and price are acceptable, please provide Adams Bros. Cabinetry, Inc. with
approval in writing.
Authorization Signature:
Date:
"Pursuillj, Excellence in ThouJ!.ht and Skill. "
IKE
Fax:239-643-6772
Nov 12 2003 8:51
P.02
,..
I
R. C. E. Contractors, Ine.
3884 Progress Avenue
Naples, Florida 33942
(941) 643-S758 . F~ (941) 643-6772
Proposal
1
1
...
PROPOSAL SUIlMITTEtl TO PIiONE I DATE
Kraft Constnu:tion Co. Inc. 530.0722 11.12.03
STflEI:T .011 NAME
3305 E. Tamiami Trail Naples Jail Center-3rd Floor Suildout
CITY. STATE AND ZIP COlli ~ LOCATION
Naples, Ronda 34112 Naples
ARCHITECT DATE OF PLANS ATTEN; .DB PHONE
TidBn-Lctm(tz-C~. 10-15.ro Scott Wright
We hereby submit spocifications and estimates for:
Furnish all labor and materials required to do the following work.
1. Frame drop ceilings and bulkheads using 3 5/8" metal studs. 16" Q,C.. 20 gauge.
2. Provide stiffback at drop ceilings exceeding 4' in width. Stiffback to consist ofcontinuous track at slab with 3 518" metallituCl screw
attached. to track and drop ceiling at mid point of drop ceiling.
3. Provide 3/4" fire rated plywood at drop ceilings for security. Plywood to be screw anached to metal studs.
4. Hang 518" type "X' drywall at metal framed bulkheads and drop ceilings per reflected ceiling plan, DfY"11I1 to be tape and finished to
received a skip trowel texture using joint compound.
s. Provide 90 degree clinch on comer bead at outside comers of bulkheads. provide Zip-Bead at d.ryw'Jl1 where in abuts masonry walls.
6. Provide kick brac:cs at top of masonry walls at wall partitions type 4 panitions only. All other angles and bracing at masonry walls by
others.
PRICE:
EXCLUSIONS;
LABOR: 516.207.00
MATERIALS: 55.683.00
TOTAL: 521,890.00
1. All caulking and insulation of any kind.
2. All angle bracing at masomy walls that abut concrete slabs.
3. All exterior framing of any kind.
GENERAL CONDITIONS: Same as base bid.
-c=========~_---==--====~~=--====~_~=--=====~---~=======~-------~=====~-------_4:=====~.~---------~=======~~-----
We Propose hereby to furnish material and labor .. complete in accordance with above specifications, for the sum of:
Pal/ll1Clll to be made SIl foOows:
Requisition submitted on the 25th of the month with payment due on or before the 15th of the following month.
All l'III1erial is guanmtced to be . 'apccified. All wort to be ~Ittcd in a
~ II\IMlIlI' ~ta Qldard. pral%icca. Any alteraian or dcviatlm ft'om
lIboYt' ~0IlS involving c:Jdra \lllSl.S will be c::la:lWl.CCl anl:-- upon wria.llI1 ~
anel will bc::c::cmc lII1 c:XSta d\~ 0'01;1 md above the~. All 8l?Teemcats
~ upm strikes. ~daU or delays beyuld our ClIl'ItroL Owner 10 cury !\re.
tomadomd dII1ct neoessary inaunllWe. Our wcdccrlm fully ana-cd by Workmen's
ConIF...im lnwnmce.
Ail\horizcd -.. t ~
Sig'lal.ure ~A- L-- "'--- .
NlU: This JlfUPC*II may be
wilhdrawn by \lll unal ~ widlin
da)'ll.
:0:======='::':""----11I=======---------".=====":""---------.,======---:------""""'-.r.::'~=====';":'------'""-W1.=":'::'======------..==-:'======
Acceptance of Proposal- 'lbeabovepia:8. spcafiallicm and Date of Acceptance:
cmdiilJ\t ft ~ and are hereby a~cd. You area 1I11lhori2lllCl to do the wort
IS lIpedfied. Paymmt will be made as oIAIincclabow:. Signatun::
~iMlJltllre
Royal Marble, Inc.
I
lOB
11/2112003
To:
Kraft Construction, Inc.
3305 East Tamiami Trial
Naples, Ft. 34112
R.:
Naples JaU Center
Ph: (239) 530-0722
Fax: (239) 530..0388
Attn: Mr. Scott Wright
This is to confirm our price of $10,884 for the 3rd floor addition of ceramic tile InstaUatlo as
per plans 8S specifications provided; dated 10/1e/2003. Reference" 1260-26
Prices are based on the followings: Floor 2x2 (unglazed) ceramic tile (Group 4), thin-set
installation and Cove Base 41/4 x 4 1/4(matte glazed);Marble Thr..holds (White Carrara! poliSh
no wall tiles Included.
Scope:
Room" 3017 M.Locke
Room # 3034 Staff Tolle
Room".3069 M.Showe
Room'" 3070 W . Locke
Room'" 3071 W.Showe
2939
$ 838
$ 2 084
$ 2,939
$ 2 084
Labor and Materials Breakdown:
Room' 3017 M.Lock.r
Room #I 3034 staff Toilet
Room #I 3089 M,Show.r
Room' 3070 W.Locker
Room' 3071 W.Shower
Cordially,
Gina BaJan
Royal Marble, Inc:.
6345 Janes Lane
Naples, Fl. 34109
(239) !96-6100
Fax 596-9980
<::0"d
t-t0t- t-G:t- !;;;,L,L
~Nlawn,d isnr w~ 0t-:tt ~00G:-tG:-^ON
Nov-19~Z003 11 :05
A
SINCE 190tS
r
From-KRAFT PROJECT MANAGMENT
T-407 P.001/001 F-989
ACOUSTI
CG-C02079 ]
ENGINEERING CO. Of FLORIDA
- INTERIOR CONSTRUCTION SYSTEMS -
CEILINGS WALLS FLOORS
WWW.Qcoustl.com
8
3620 Work Drive. Fort Myers. FL 33916
P. o. Box 2232. Fort Myers. Fl. 83902
PH: (239) 332-1610
FAX: (239) 3~2-2796
November 19,2003
KRAFT CONSTRUCTION COMPANY, INC.
2606 S. Horseshoe Drive
Naples. FL 34104
Attn: Bob Schubring
RE: Naples Jail 3m. Floor Build-out
Dear SiT OT Madam:
In response to your request the following are the prices for our scope of work to complete the
third floor build-out of the above listed project.
1.
2.
J.
Acoustical & Security Ceilings.
Tectum WaUPanels.
Resilient Flooring.
$30~327.00
$31,689.00
$12,157.00
If you have any questions or require further information, please call.
'--
OMPANY OF FWRIDA
CLEARWATER COCOA FT. MYERS
PENSACOLA TAUAHASSEe
NASHVILLE. TN
GAINESVILLE JACKSONVILLE MIAMI ORLANDO
TAMPA WEST PAlM BEACH HOUSl'ON. 1X
CHARLOTIE. NC RAlEIGH. NC
_ ....__ e~__ .__~~_a.___ _______.
No-v, 1~ OS 12: 03p
Ca~necie Asscciates,Ino.
1 in::J Ubb e:!::J4~
p. 1
Carnegie Associates, ~nc. dba
Horizon Surface Systems
pg~~ cf~~=c Box ~D4G . 01dama&, F~g~~~~ 3467'
310 Sc&~l.~ Bgu1eva~~ · O~Q8m~r. ~lQ:ida 34677
phone 111131 eSA-32Jl · FQX IB131 855-2:349
lOB
::
D 1E~[En~[E n
, NOV 1?' JU
~
Bid Memorandum ,){;I'
TO: ~ot ptf
Company: Kraft Construction Company
Phone: 239-561w5181
Fax: 239-561w5129
FROM: George Barnes
Date: November 13, 2003
Project: Naples Jail Center
Third Floor Buildout
Project Site: Naples, Florida
Bid Date: November 13, 2003
Following is our bid to prep, by shot blasting, and
install a Quartz Floor System with 4" cove base..
(Approximately 1,986 s/f with 568 Ilf of base)
BID PRICE: $12,550.00
INCLUSIONS (Horizon surface svstem's Responsibilities)
* SUpply necessary product, equipment and trained appUc:atDrs.
* Field measure project and review SQ)pe with Company Representative.
* call In any changes in job for price adjustment.
(This is a bid only. WOlfe wiN be perfr:Jrmed with the issUance of a P. o. 01' Cont:rsct.)
./ /JtJnding IIIIdltJl' sdtJIt/tJIIiIl insfuallCfJ (/.e., .bm1rf $2 miRitlnJ .fJl!I Included unless spedfit:lllly stated.
./ QuotI!d prtcss guarantl!ed for JO days
." This Q)ITI{JiJny is C1f!I"Ij/ied by 1he State of F1oI'/da as an M.8.E.
./ This CDfTI/JIlIIY Is iJ Dru{J-Free WOIfqNacE.
09l-~ lOO/lOO'd Z90-!
UO!l~nJlSuo~.lleJ~-WOJ~ wdlZ: lO EOOZ-El-^ON
.11-24-2Q03 01 :37pm From-SPECTRUM PAINTING
+941 4346520
T-250 P.001/002 F-990
SPECTRUM
~ ~ ... ..... ~ ~ c:::: -.- . ... c:;;;. .. . ... c::::=_
"'-~~""~~~"'"
DATE:
November 21, 2003
TO:
Kraft Construction Co,. Inc.
ATTENTION:
Scott Wright
RE:
Naples Jail Center
3fd Floor Jail Finish Out
PROPOSAL
We propose to furnish all labor, material, supervision and equipment necessary to complete
the following Sections:
PAINTING
3rd Floor Finish Out........................ADD..............,................... $ 89,605.00
Paint Detention Equipment................ADD.. ow.................... .......... $ 15,192.00
Total Material and Labor.................... ...... ....... .... .................. $104,797.00
Clarifications:
1. No Painting of interior or pre-tab cells.
2. Paint of exterior face and front side cell doors at pre-fab cells.
3. No painting of cell walls at the mech chase areas.
4. No floor sealer included.
CAULK
To include:
1. Door frames,
2. Window frames,
Total Material and Labor.. ......... ..... ..ADD.. ...... ...... ........ ......... $ 6,971.00
2b29 HorseshoE Dl'iw South · NaplES. Florida 34/04-6/22 · OffiCE ~) (;43-i!772
New Construction Fax (Z39) 643-0693 · Rr:storation Fax (239) 434-6520 · Accounting Fa~ (a!!J) 403-7124
.11-24-2D03 01 :37pm From-SPECTRUM PAINTING
+941 4346520
T-250 P.002/002 F-990
~
Clarifications:
1. No security caulk,
2. No caulk ot pre-tab cell door frames.
3. No floor or slab caulk.
r'o"
All work to be performed according to PDCA (Painting and Decorating Contractors of
America) guidelines.
SPECTRUM CONTRACTING. INC.
g L~Sl
Rich Baldi
Estimator
11/25/03, rUE 11:20 FAX 19417445606
"
ANNAMAE LAHAY
141001
';1-
, :1
,I
"
CRAFT Equipment Company
lOB
CORPORATE OFFICE:
ESTIMA TING OFFICE:
1911 43l"d Street West
Bradenton, Florida 34209
6801 Adamo Drive
Tampa, Florida 33619
813 - 621-4971
FAX - 622-7956
TOLL FREE: 800..888-4971
941-744-0896
FAX - 744-5606
EMAIL: al@~raftequip.~om
CHANGE ORDER PROPOSAL
TO:
ATTN:
PROJECT:
LOCA nON:
Kraft CODstruc:tion
Scott
Naples Jail Center (add)
Naples, Collier County, Florida
DATE: November 25, 2003
CHANGE ORDER: AL-6421-CO-2
Craft Equipment Company wishes to submit the following change order proposal:
NAPLES JAIL - THIRD (3~ FLOOR AREA:
1. Furnish and install VISUAL DISPLAY BOARDS by POLYVISION - NELSON ADAMS
- GREENSTEEL
3 ea 4'0" x 4!O" Marker boards
3 ea 2'0" x 4'0" Tack boards
I ea 4'0" x 4~0" Tack boards
Series 153 marker boards - aluminum trim with satin anodized finish
P3 Ceramic steel surface
W' Particleboard core material
,015" aluminum back
Box tray
1" map rail
Continued onto page 2
11/25/03 TUE 11:21 F~l 19417445606
ANNAMAE LAHAY
141002
Page 2 of2 - Craft Equipment
1
t
eLL
,
Ld
~ "
~......i
Continued from page 1 - visual display boards - third floor area
Series 153 tack boards - aluminum trim with satin anodized finish
Type 2 vinyl on Yoi" cork on W' hardboard
$1,239.00 - material, labor, tax, and delivery included
NOTE: Price reflects the above items being ordered, shipped, and installed at the same
time as the other visual display boards for the above referenced project
ADD: $375.00 to the above price if the above items must be ordered, ship~ and installed at a
separate time other than when we are on site at other areas of this project.
NOTE: Any itern(s} not listed above Ware excluded from this proposal
NOTE: AU blocking and/or cutouts are to be by others. Any items requiring above ceiling supports _ all materials
and/or labor above ceiling is to be by others
NOTE: When we are requested to be on site for installation of our product(s) and our installer(s) arrive and the
project is not ready, please be advised that additional charges will be incurred
This quotation is valid for thirty (30) days, manufacturers must be contacted for any price increase which may have
occulTed.
PLEASE sign below and return to our office, as soon as possible, so that there are no delays in
ordering, shipping, and/or installing of the above referenced materials. No processing of the above can
tuke place prior to a signed proposal being received in our office.
ACCEPTANCE:
DATE:
TITLE:
COMPANY:
Nov 20 03 01:06p
November 20, 2003
FAX
John Hose
941-561-6407
11803 Metro Parkway, Fort Myers, Florida 33912
Phone: (239) 561-6406 Fax: (239) 561-6407 E-Mail: Sales@lmagesGS.com
To: Scott Wrighl
Kraft ConstnJCtion Co, Ine
Fax No: 5~:O-O388
From: Bud Reed
Re: Naples Jail . 3rd floor Bui1dout
No. of pages incltiding cover: 1
No.ofSigm
45
31
Description
Type K - 3" Spray Painted Cell Block Numbers
Type F - 5"x9" Inlay method wi Tamper Proof Screws
Please call if you have any questions.
Regards,
f
Unit Price
$15.00
37.42
Sub-Total
Tax
Installation
Total
Extended
$ 675,00
1.160,02
$1,835.02
110,10
650.00
$2,595.12
p. 1
lOB
11-16'-P3
18:00
FROM-Kraft Construction Company Inc.
941-330-8994
T-564 P.002/002 F-256
MULTILINE BUILDING SPECIALTIES, INC.
. ~ISION 1~ SPECIA'L~
700 S.W. 51 Street, ~ulte 208 Davie, FL 33314 Phone (954) 791-1200 Fax (954) 79'1-0206
:,~
"
f)
~-"~
ro: Knn CODrtrumon
,
Date: November 13, Z003
TerJhS: Net 30 Days
~TTN:
Project: Naples .Jail Center
Sales Tax: I.utllld~d
QUOTE BASED UPON: Rctased a Rt!quelled
Estinaator: Bernard D' A.mour
WE ARE PLEASED TO ~l1BMIT OUR QUO'lE FOR THE GOOnS NAMED SVWECT TO THE CONDITIONS NOTED:
!
CONDITIONS: The prices and {crmli on this quolSlion IIrC Dot subject to verbal chllllBlSS or olber agn:anCDfS unless :lpJ1I'Oved in wri1iIl.g by the seller.
6.11 quatatigns and IGreements ~ c:ontiagOAt upon strikcs, acc:idQrts. fires or l1I\)' ortler cause beyond OLIT CQ'DD"QI. 'l'ypoSrophiCl;lI crnmiIlU'C subjccr to
:orrectiOD_ PUrCbaser aosumcs al~r:spoDSibi1ity Car patent and ccpyright int'ringem.ca.r woa goods an: made '10 purcha.sers spc:Cfic:atioos. Conditions
lot specifically sIatcd bc:rcin shaIJibc govcmcd by established trade customs. TtrmIl inconsisk:.nt with those ated herein wbich may appear on purchas-
~ formal order will not be bindiQg on Multiline. CastDm fabritafm items IU"Ili not .,'Ubjcct: to cUDCCUation. All othet C3J1UlllltlODs W'C dane solely at: the
H~tiun otMulriline and are sutpecllCl II resmckillg charge tD be determined by Multili:lle.
,
UL CUT-QUTS & BAC~G BY OTHERS
i
ADD 2-112-/011' BONDING REQlJIRED
rY.
DESCRIPTION
AMOUNT ($)
;
CHANCE ORD~ REQ1JEST: Add 3rd Floor Lu&:ken per 11105103 .Reqdel't
: LOCKERS BY LYON METAL .PRODUC1"S
Ma.terial:
$4,278_00
72
Two Tier (12 x 18 ~ 36) 24 Gauge 'Knock DoI.\ItI Lockr:rs with Sloping Hood. Numbers.
Full Ll:Dbrth Piano !jingcs. and Fillcn;.
wtaUation:
$730.00
--r:/{" ~L-
~._-
~S,008.o0
1 ALL ClIT..OlJTS & BACKING BY OTHERS
._. -.v........ "'-_
1
VOTE VALID FOR 30 D,AYt>>
ACCEPTED BY:
11/f0/2003 18:14
2396901002
MAR DALE
PAGE 02/02
MARDALE SPECIALTIES DIR.ECT, INC.108
USA (800) 433..1485 www.maredaleofamerica.com email: info@mardaleofamerica.com
o NORTHWEST FLORIDA D SOUTHEAST FLORIDA ~ SOUTHWEST FLORIDA 0 NORTHEAST FLORIDA
29656 US Hwy 19 North 8te 200 3701 NE 5t11 Avenue 5738 Corporation Circle 10450 US1 North, Sle, 1
Clearwater. FL 33761 Ft. Lauderdale. FL 33334 Fl Myers, FL 33905 Sl Augustine, FL 32095
(727) 772-8099 Office (954) 563-0509 OffIce (239) 69Q..1001 Office (904) 81()'9113 Oftice
(727) 772-9630 Fax (954) 563--0088 Fax (239) ago.. 1 002 Fax (904) 810-9711 Fax
Attn: Scott Wright I Kraft Canst
Phone: 643-6000
Fax: 643-0090
Quote No:
Date:
Sal.. erson:
10289
11120/03
R ina Sorenson
BID BASED ON INFORMA TlON PROVIDED BY PLANS. UNLESS OTHERWISE NOTED. IT DOES NOT GUARANTEE
COMPLIANCE WITH HANDICAP CODES OR ADA REQUIREMENTS. AU CUT OUTS AND BACKING ARE BY
OTHERS.
~OB: NAPLES JAIL 3KU FLOOR BUILDOUll
QUOnNG SAME AS 1ST AND 2ND FLOORS. NO SPEC.S PROVIDED
FIRE E~GUISHERS BY: J. L INDUSTRIES
QTY Model Oescription
(10) Cosmic 10E 10 lb. Multi-purpose Tagged Extinguishers
(10) MB846 Brackets
SUPPLY
INSTALL
$ 486.00
$ 100.00
CONDITIONS: 11le pricea and terms on ltli9 quotatior1ls not subject to 'Ielbel chBng8S or other agreements unless approwd by ttte
Seller. All quotation and "9N111111Bf1ts ere contlngent upon strikes, acc:ldenls, flAlS, IwRlbllfty of mel8rl8lS and III other c:alMS
beyond our control. Prtces are baed 011 casts and condidone exIStIng an dele of quotation and 8re .ub)ect to change by the seller
blfore accept8nce. T,pognIphle81 and .bKtographlc erro.. ,re subj8d to correcaon. Ccmdltiona not speclftcally stated herein
.ha" be pemed by estabIiIhed trade customs. Tenn. In=".l8I8nt with tho,. "d herein which may appear on Purchaser's
formal orderwill not be binding on 1he Seller. P8l'tltlons 8I1d milTOl'l are pnd'atll'icaled "me manufadunMi to tbcIld dlmenalons.
DevlaUonc from size8 on which our quuled prices 8ra based may result in 8dd1tlon81 material cost to which cantractor agreee to pay,
TERMS: NET 3G DAYS. A sel\lice ch.. of 1.S% per month may be added to emounts, which Ire past due. In the event it
beccmes nI!IC8SS8f)' for Seller to retlIln In lttOmey \0 collBct any of the amounts refledecl by this contmct, then Purchager mOnles to
be responalble for.n 8Itomey's fee.lncuned by Sellef, lncludlng any attorneys' fees lnalfJ1!Id through Appeal.
THIS QUOTAnON IS VAUD FOR 30 DAYS, INCLUDES FREIGHT AND IS SUBJECT TO THE:SE CONOmONS.
ACCEPTED BY: DATE~
11/~'~/2003 18:14
2396901002
MARDALE
PAGE 01/02
MARDALE SPECIALTIES DIRECT, INC. lOB
USA (BOO) 433-1485 www.maredaleofamerlca.com smail: infocmmardaleofamerica.com
o NORTHWEST FLORIDA
29656 US Hwy 19 North Sle 200
Clearwater. FL 33761
(727) 772-8099 OftIca
(727) 772.9630 Fax
o SOUTHEAST FLORIDA.
3701 NE 5" Avenue
Ft. lauderdale. FL 33334
(954) 563.0509 Office
(954) 563-0088 Fax
f8I SOUTHWEST FLORIDA
5138 Corporation Circle
Ft. Myers, FL 33905
(239) 690.1001 Office
(239) 690-1002 Fax
o NORTHEAST FLORIDA
10450 US1 North. Ste. 1
st. Augustine, FL 32095
(904) 81()"9713 Office
(904) 811)..9711 Fax
Attn: Scott Wright I Kraft Const
Phone: 643-6000
Fax: 643-0090
Quote No:
Date:
Sales 1'80n:
10289
11120/03
R ina Sorenson
BID BASED ON INFORMATION PROVlDED BY PLANS, UNLESS OTHERWISE NOTED. IT DOES NOT GUARANTEE
COMPLIANCE WITH HANDICAP CODES OR ADA REQUIREMENTS. ALL CUT OUTS AND BACKING ARE BY
OTHERS.
!JOB: NAPLES JAIL 3JW FLOOR BU1LDOU11
QUOTING SAME AS 1ST AND 2ND FLOORS. NO SPEC'S PROVIDED
NOT QUOTING ACCESSORIES IN THE SECURE AREAS
TOlLEY ~CCESSORIES BY: BOBRICK
QTY Model Description
(05) 262 Paper Towel Dispenser
(05) 4112 Wall Mounted Soap Dispenser
(05) 165 18" x 30lJ Flat Framed Mirror
(03) 6806 36" Grab Bar
(03) 6806 4211 Grab Bar
(07) 7685 Toilet Tissue Dispenser
(04) 8215-4 Mop & Broom Holder (ASI)
SUPPLY
INSTALL
$ 1,152.00
$ 320.00
CONDmONS: The prIC11S and terms on this quotatiOl'1I& not subject to verbal changes or other a9~ents unl8S8 approved by the
SlllIBr. All quctatlon .nd agreemenbs ate contingent upon strikes, 8CCIdents. fires, lIVall8billty of malerl8la Rnd all otI'ler causes
beyond our control. PrIca are b8lled on costs and conditions EIXis1Ing on dBbJ of quotstlon and are subject to change by lhe seller
befoM BCl:*ptanc:e. T,pographlcallnd elBnographlc erronl are IUbject la CCH'NCtIon. CondJlfons not epec:lflcally stated herein
shell be gCMlmed by established trade c:ustorna. Terms inCOntietllnt wilh thoee atated herein which may appear on Purchaser's
form.1 order Win not be binding on the 8el18r. Pll1Itions and rnilTOC'l.'" pnlfabr1c8ted Items manufactul'l!d to fixed dimensions.
Devllllons from slze8 on which our qlloted prices 818 based may fIIsultln additional mateli8l cost to which contractor agrees to pay.
TERMS: NET 30 DAyS. A..rvice etlarge of 1.5% per month mlt be added to amounts, wI1iCh are pelt due. In the event it
becomes neceseary for Seller tl:l rwtBin an atlOmey to collect any of !he amounts reftedad by this c:antract, then purch8ser agrees to
be _pons". for In lllOrney's fees incu..... by Seller. Including any attorneyS' fees incurred through Appeal.
THIS QUOTATION 19 VAUD FOR 30 DAYS. INCLUDES FREIGtfT AND IS SUBJECT TO THESE CONDI110NS.
ACCEPTED BY: DATE:
; . 12/03/2003 09: 37
l
J
7273271942
PAULY JAIL BLDG CO
PAGE 01/21
$..,,~,nr\~,
~
~t l)o"all:il)l\ c'~~
l!......bIL1bed. tHSfi
PAULY JAIL BUILDING CO., INC.
c, ~
, ~.~ ._ ,J
.J~1 "./ l'_~
Main Office
Plluly Jail Buikling Co.
4000 East 96th Street, Suite # 170
Indianapolis, IN 46240
Ph. #317-580-0833
Fax#317-705-2092 or 317-580-0857
Satellite Office FL
Pauly Jail Building CO.
2521 52"d Street
St. Pete~bllrg, FL 33707
Ph. #727-327'1931
Fax #727-327-1942
Satellite Offlce MO
Pauly Jail Building CO.
1232 Jungermcmn Rd.
St. Peter.;, MO 63376
Ph- #636-922~3975
Fax #636-922-9605
December 2,2003
Mr. Scott Wright
Kraft Construction
3305 Tamiami Trail East
Naples, FL 34112
Re: 3rtt Floor Build-Out
Naples Jail Center
PJ Job #340
Dear Scott,
Per your request, please find a more detailed explanatiOn of our proposal for the 3rd
floor build out at the Naples Jail Center~
Our bid now includes all of the items per our attached scope letter which induded all of
the build out materials for 3 of the pocts, identical to the 2nd floor. It also includes the
42 steel cells, mezzanines, stairs, handrails, and the additional security controls as
required to operate the additional doors.
Our original bid day Quote to build out the 3rd floor shell was to duplicate the 2nd floor.
Our price for that work was $1,153,000.00 (see attached bid form).
Our budget price for the 42 cells in lieu of one of the dorm pods was $995,000.00.
So actually OUf previous bid and budget for the 3"' floor build out and cells was
$2,148,000.00 and now it is $1,855,000.00.
Please review the attached information, and advise us if you have any further
questions.
Sincerely,
:7~B~DING CDMPANY
Robert ~rer
C.E.D.
RJP/kas
11/19/2003 17:54
7273271942
PAULY JAIL SLDG CO
PAGE 01/05
Pauly Jail Building Company, Inc.
(.
I
~l:>
Pauly Jail Building Co. (Main Office)
4000 East 9~ Street, Suite # 170
Indianapolis, IN 46240
Ph. #317-580-0833
Fax # 317-580-0857
Pauly Jail Building Co.
2521 52nd Street South
St. Petersburg, FL 33707
Ph. #727-327-1931
Fax #727-327~1972
Pauly Jail Building Co.
1232 ]ungermann Rd.
St. Peters, MO 63376
Ph. #636-922-3975
Fax #636-922-9605
November 19, 2003
Kraft Construction Company
Attn: Bob Shubring
3305 Tamiami Trail East
Naples, FL 34112
RE: 3rd Floor Build-out
Naples Jail Center
Dear Bob.
Please find listed below our proposed scope of work based on the plans and
specifications as prepared by AEC National.
Item I: Division 8 - Doors and Windows;
A Section 08111 - Doors and Windows
· All standard and security hollow metal doors wiJI be delivered and installed
bv Paul v Jail.
Qty ea. Description
19 Standard hollow metal doors
32 Security hollow metal doors
Item II: Standard/SecuritY Frames:
· All standard and security hollow metal door frames, borrow lites, and
specials wiIJ be delivered onl~ to be installed by others.
Qty ea. Description
10 Standard hollow metal door frames
8 Standard hollow metal door frames with side/ites
3 Standard hollow metal window frames
27 Security hollow metal door frames
5 Security hollow metal door frames with sidelites
22 Security hollow metal window frames
11/19/2003 17:54
7273271942
PAULY JAIL ELDG CO
PAGE 02/05
RE: 3111 Floor Build~ut - Naples Jail Center, Collier Co.
11/19/03
2
Item III: Section 08710 - Door Hardware:
lOB
1. All hardware, as listed in the quantity of sets below, will be delivered and
installed complete by Pauly Jail.
2. We have included the maintenance demonstration for the hardware in our bid,
as per Section 08710, page 16.
3. We have included all required keys and keying, as per Section 0871 at pages
14 and 15.
4. We have included the 5-year warranty in our bid. as per Section 08710, page
3.
5. We have included the extra materials in our bid, as per Sedion 08710, page 3.
Builders Hardware Sets
Qty ea. DeSCription
3 Sets BO 1
,
4 Sets 802
9 Sets B04
1 Set 812
Security Hardware Sets
Qty ea. Description
42 Sets 801
1 Set S03A
11 Sets 504
6 Sets S05
7 Sets 507
2 Sets soa
5 Sets S08A
2 Sets S11
Item IV: Detention EauiDment:
· Pauly Jail will deliver and install the following detention equipment items.
Pauly Jail Scooe of Wol"k
11,(19/2003 17:54
7273271942
PAULY JAIL BLOG CO
RE: 3nl Floor Build-out - Naples Jail Center, Collier Co.
11/19/03
Qty ea. Description
96 Floor mount double bunk with ladder
34 8-man picnic style table
9 Television shelf
32 8'0" floor mounted bench
36 Large security mirror
276 Norix property storage boxes with rails and locking
hasps
4 Norix 4-seat telephone kiosk
Item V: Section 11198 - Manufactured Steel Detention Cefls:
1. Pauly Jail will deliver and install 42 each rear chase cells.
2. We have excluded any security sealants or caulking from this bid.
3. All of the steel detention cells will include the following materials, installed at
the manufacturers plant:
Qty ea. Description
1 12 ga. security hollow metal door frames
1 12 g8. security hollow metal door with a 5"x12"
opening with security glass
32 12 ga. security hollow metal window with security
glazing
Complete mezzanine and stair system for access to
the cells
1 Shelf and hook
2 Bunk wall mounted
1 Cerl desk with two seats
1 Mirror
1 Cell plumbing fixture
1 Surface mounted light fixture
.. The interior of the cell will be completely painted with the polyurea paint system.
The exterior of the cell will be primed only to be finish painted by others.
· The mezzanine, stairs and handrails will be prime painted only to be finish
painted by others.
Pauly Jail Scope 0' Work
PAGE 03/05
3
1
11/19/2003 17:54 7273271942
RE: 3111 Floor Build-out - Naples Jail Center, Collier Co.
PAULY JAIL BLOG CO
PAGE 04/05
11/19/03 4
Item VI: Division 17 - Security Controls:
A. Sections 17000,17020,17100, 17200, 17300, 17400,17500,17800 and
17900 are included in this scope of work.
B. We have included all on-site validation and train;ng.
C. We have included a 1-year warranty on this material.
D. We have specffically excluded all conduit, wire, power termination and
installation of the same. This work is to be part of the electrical contractors
scope of work.
lOB
- All of the above material and labor listed above may be purchased for the sum of
$1.855.000.00
If the county chooses to write dired purchase orders, they may deduct ~71 .781.00
from our bid.
The prior budgets which we had submitted totaled $1,860.000, and in this bid we have
induded the mezzanine, stairs, and handrails as wen.
Please review our scope of work carefully, with our general notes attached, and advise
us if you have any questions.
Sincerely,
ING COMPANY. INC.
RJPlks
Pauly Jail Scope D' Work
Nov 25 03 03:35p
November 20,2003
Scott Wright
Kraft Construction Company, Inc.
2606 S. Horseshoe Drive
Naples, F1. 34104
coastal fire
9419970870
COASTAL FIRE
PROTECTION
FIRE SPRINKLER CONTRACTORS AND DESIGNERS
RE: Collier County Jail. Expansion and Renovation
Third Floor Addition
CHANGE ORDER # 001
Dear Mr. Wright
SCOPE: Rcvise the sprinkler system on the third floor for the new floor layout and changes.
TOTAL ADDITIONAL COST FOR THIRD FLOOR CHANGES.......................$53,143.00
Please adjust your records to reflect this change.
Please call if you have any questions.
,:ZUtG
Richard Puli zzi
President
ACCEPTED BY
Date
p. 1
10
I, .r
. HVAC . PLUMBING . COMMERCIAL . INSTITUTIONAL . SE
..,.
Metro RFCO#650.19
systems, inc
V(~U(ST f~V C~A~~( ~V~(V
November 12, 2003
Scott Wright
Kraft Construction
2606 S. Horseshoe Drive
Naples, Florida 34104
Ph(239)530-0722 Fax(239)530-0388
RE: NAPLES JAIL CENTER - NAPLES, FLORIDA
REVISIONS TO THIRD FLOOR BUILD-OUT (PLANS DATED OCT, 15, 2003)
l",.~",\ II 'Tit)".,
\,'[' 'J1";"T '-"'j" -',I h../\," "< I"
:"'t"-'d-~r- I \.11.. ' _.l_
We are pleased to quote the additional plumbing on the above referenced project. Our price
includes labor and materials.
SUPPLY LABOR AND MATERIALS TO PROVIDE THIRD FLOOR BUILD-OUT
TO INCLUDE REVISED PLANS DATED OCTOBER 15,2003 FOR NAPLES JAIL.
TOTAL PRiCE.......... ............ ........... ...... ............. ............................... .... $ 349,760.00
NOTATIONS:
1. No 6Yt or pakt:l
2. No e;SAQ9F1s3te
3. Material will not be ordered and labor will not begin until receipt of a signed copy of this proposal.
4. TRr-es (3) n:l9F1th 'COntract extension required due to additional work - LtO DA'f S
5. Control systems by others
6. Electrical wiring by others
7. AeeeGs J30nels BY etl:lers
O. Vertical heiGtiAg by 9theF8
9. Pre-fabricated cell/cell fixture supplied & installed by others
Please contact me if you have any questions.
0ti::,tu,,~
William R. Tucker
President
WRT/ag
Accepted By
Date
Copy: File, PM, Acct'g
12120 Metro Parkway. Fort Myers, Florida 33912
Phone 239.275.5325 . Main Fax 239.275.3352 . Estimating Fax 239.768.6979 . metromsLcom
It By; PAGE MECHANICAL GRQUP INC
.NPLES'JAIL-KRAFT At: 5300388
239 275 0535
Nov-24-03 11 ;48AM;
Page 1 11
Page Mechanical Group, Inc.
lOB
~
ProDosal
Noven1ber24,2003
scott wngnt
Kraft Construcdon
3305 E. Tamiami Trail
Naples. FL. 34112
Re: Naples Jail center
EXPansion Phase- Thim Floor Build Out
Dear scott.
We are please to submit for your consideration the following proposal for the buRd out of the third floor
of the fJQJansion Phase perthe revised drawings dated OcIober 15, 2003 and as stipulaled herein.
Scope;
Controls by Owner.
Test and Balance by owner
Contradual obligations per ba5e oontract
Materiel
Labor
Sub-total
10% Mark-up
Total Cost
$ 198.422.00
S 131.801-00
$ 330,223.00
S 33.022.00
S 363,245.00
Should you have any questions or rsquire any additional information, please contact me at my office at
your convenience.
~Ily,
~_.v~ ..
Ron Reyonlds
Estimating
Page Mechanical Group, Inc.
1087Q Metro Parkway Ft. Myers. FL 33g12 Tel; 23g..27S-UD8 Fax: 23Q..21S.6835 Naples 566-8252
CMC0568S0 CAC057834 CFC042950
11/19/2003 WED 12:27 FAX 8136352276 johnson controls tarnpa
~ 001/005
Fax Transmittal
1 r'"
t1
Johnson Controls. Inc.
3802 Sugar Palm Drive
Tampa. Florida 33619-1376
Tel. (813) 835-2248
FAX (813)635-2276
0~HNSON
CONTR~LS
To: Seott Wright
Kraft Construction
Date: 11/19/03
Time:
Fax: 239-530-0388
Ref: Collier County - Jail
~;;#;;
From: Brian Schlander
We are transmitting 5 pages (including cover).
Message:
Scott:
Price for 3rd floor buildout - DDe Systems & Fire Alann Systems
Please let me know if you have any questions.
Brian Schlander
Project Manager
11/19/2003 WED 12:28 FAX 8136352276 Johnson controls tampa
~ UUUUUa
Jolmson Comrols, Ino.
Controls Group 1
3802 Sugar 'Palm Dr.
Tan'1pa, FL. 33619
Tel. (813) 623-1188
Fax (813) 635-2276
08
0~HNSON
CONTR~LS PROPOSAL
Kraft Construction
3305 E. Tamiami Trail
Naples. Fl 34112
Attn.: Scott Wright
November 18. 2003
Project: Collier County - Naples Jail 3rd Floor Build..out - Kraft referonc9 # 1260-26
Ineluded~ Johnson Controls will provide engineered submittals, installation, materials, and system
validation per plans and specifications, and Architect's Proposal Rcquest No.4 - Third Floor Buildout
(Plans &: Specs. dated 10/15/03).
Specific items include for:
BV AC Direct Digital Controls for:
Electric Reheat Control (Qty. 12)
. Control components, enclosures, power supplies and all required equipment
. Space Temperature or Return Air Duct Temperature as required
. Install conduit in the walls for space thermostats
. Exhaust Fan Controls and Interlocks (Qty. 2)
. Installation, programming, and commissioning
. All exposed wiring shall be in conduit. All concealed accessible wiring shall be in plenw.n
rated cable. Conduit and wiring provided and installed by Johnson Controls.
. HV AC Operator Workstation - update existing Workstation in Building "W"
. Required permits
Building "J" Expansion 31'"d Floor Build-out HV AC price......................S 20,155.00
Fire Alarm~
Provision and installation of Fire Alarm wiring and fire alarm devices. Conduit provided by Div. 16
Fire Alarm
. (28) Hom/Strobes
· (5) Strobe only
. (8) Ceiling Smoke Detectors
. (21) Duct Smoke Detectors
. (7) Heat Detectors
. (2) Control modules fOT door release
. Pull Stations
11/19/2003 WED 12:28 FAX 8136352276 Johnson controls tarnpa
~ 003/005
JOHNSON CONTROLS
.
(2) Remote Power Panels
(2) NAC panels
Installation, programming, and commissioning
Fire Alarm Operator Work~tation - update existing Workstation in Building "W"
Fire Alarm Operator Workstation in the Expansion Phase - update existing Workstation
Required pemTits
11)8
.
.
.
.
.
Building "J" Expansion 3rd Floor Build-out Fire Al:um price......................S 38,407.00
Security System:
. NO SECURITY PROVlUW FOR 3R/) FLOOR BUILD-OUT
Clarifications;
. Fire, Fire/Smoke Dampers and a~sociated damper end switches supplied by Mechanical Contractor.
· JeI will provide Power to its Coutrols and Controllers from a Div. 16 supplied Circuit Breaker,
. All AHU's Dampers are responsibility of AHU Supplier.
· JeI will install Fire Alarm wiring in Div. 16 supplied conduit
Not Inelu.ded:
. Payment or Performance Bonds
· Installation of Valves, Dampers or other in-line devices.
. Overtime Labor
· Starters, Speed drives, disconnects or their installation
. Speed drives start-up and warranties
· Access doors and/or panels
. Flow measuring Venturis
· Door hardware power releases for door holders
. Fire Alarm conduit and back boxes. (Provided by Div. 16)
Thill pr~posal 15 valid for 30 days.
This proposal is hereby accepk-d and
Johnson Controls is authorized to proceed
with work; subject. however, to credit
approval by Johnson Controls, lD.c.
Sincerely,
JOHN~
4. So .-.-
Project Manager
CUlltomer's Signature
11/19/~003 WED 12:28 FAX 8136352276 johnson controls tarnpa
Johnson Controls Ine.Change Order Summary
PrOject:
Contract No.
Collier County Jrail
30A.3-0061
Quote NO.
3043..0061-11-19-03
Description of ch:enge:
3rd Floor Buildout - DDC Controls Systems
~ 004/005
lOB
Johnson Controls Material
Material
Warranty
Tax
Freight Charges
@
@
@
List Less
4.0%
7.0%
50%
Total Johnson Controls Material Co:;t
$ 4,714.00
:; 188.56
$ 329.98
$ 214.00
Outside Purchased Materiol or Equipment
labor
Direct Johnaon Controls Labor
Mechanical
Electrical
Engineering
Commissioning
Projeta Mangement
$ 5,446.54
$
0 Hours @ $ w/8urclen $
0 Hours @ $ w/Burden $
16 Hours @ $ 78.00 w/Burden $ 1,248.00
32 Hours @ $ 66.00 w/Burden $ 2.112.00
8 Hours @ $ 92.00 w/Burden $ 736.00
:Ii 4,096.00
Total Johnson Controls Labor
Subcontracts
Electrical
Mecnanical
Other
Regal Electric
Total Subcontractor Cost
$ 8.058.00
$
$
Mileage & mise toolS
Margins
Johnson Controls Material
Outside Purchased Material or Equipment
Johnson Controls Direct Labor
General Conditions and Speoial Conditions
Subcontractors
Overhead
0%
0%
0%
0%
0%
Profit
10%
10%
10%
10%
10%
$ 8,058.00
$ 722.88
$
$
$
$
$
544.65
409.60
72.29
aOS.80
Subtotal Less Bond
$ 20,155.76
Bond
$
Total Amount of Change
, 1-18-03 3rd floor ODe priee breakdown.xls
$ 20. , 55_76
Page 1
r1/19/2003 WED 12:29 FAX 8136352276 johnson controls tampa
~ 005/005
Johnson Controls Inc. Change Order Summary
10 r'-
a.)
~ ~
A..~
project:
Contract No.
Collier County Jail
3043-0061
Quote NO.
3043-0061-11-1Q-03
Description of change:
3rd Floor BuUdout - Fire Alarm System$
Johnson Controls Material
Material
Warranty
Tax
Freight Charges
@
@
@
List Less
4.0%
7.0%
50%
$10,655.00
$ 426.20
$ 745.65
$ 533.00
Total Johnson Controls Material Cost
$ 12,360.05
Outside Purchs&ed Material or Equipment
$
Labor
Direct Johnson Controls Labor
Mechanical
Electrical
Engineering
Commissioning
Project Mangement
Total Johmson Controls Labor
Subcontracts
$ 9,367.00
$
$
$ 9,367.00
$ 772.48
$ 1,236.01
$
$ 1,241.60
$ 77.25
$ 936.70
Electrical
Mecnanical
Otner
Regal Electric
Total SUbcontractor Cost
Mileage & mise tOOlS
Johnson Controls Material
Outside Purchased Material or Equipment
Johnson Controls Direct Labor.
General Conditions and Special Conditions
Subcontractors
Overhead
0%
0%
0%
0%
0%
Profit
10%
10%
10%
10%
10%
Margins
Subtotal less Bond
$ 38.407.08
Bond
$
Totsl Amount of Change
$ 38.407.08
11.18-03 3rd floor FAS price breakdown.xls
Page 1
~;ov. 24. 2003 4:47PM
ANECO ELECTRICAL CONSTRUCTION
No.5092 p, 1/1
fTl ANEeD
to E1actri~al C:"st~Ctiun
"1'- - H~"'l
f. . ',:, ,;1.
r ,~ ,1 ~ ~
Aneco Electrical consfk.Jcti~c.~-J
Metro Commerce Center
11220 Metro Parkway. Suite 17
Fl. Myers. FL. 33912
Tel 239275-8558
Fax 239 275-8668
ftmyers@anecoinc.com
November 24,2003
Kraft Construction Company, Inc.
2606 S. Horseshoe Dr.
Naples, FL 34104
Attention:
Mr. Scott Wright
Naples Jail (30112)
Project:
Subject:
3rd Floor Build Out
Dear Scott,
After reviewing the drawings, Aneco can confirm our expansion alternate price for the 3rd floor
build out in the amount ofS238,OOO.00.
In addition to this amount, for the extra work required by the prefab steel cells, we require
$63,000.00 which is the originally budgeted amount ofS1,500.00 per cell (42 cells).
Total for the 3rd floor build out is $301,000.00.
Sincerely,
Aneco Electrical Construction, Inc.
Sean Flannery
Project Manager
cc:file
Specialty Contracts & Services
Electrical Construction
Communication & Data Services
1 OE ~~
RESOLUTION NO. 2004- ~
A RESOLUTION OF THE COLLIER COUNTY BOARD OF COUNTY
COMMISSIONERS AMENDING COLLIER COUNTY RESOLUTION 2001-
482 AND THE PURCHASING POLICY REFERENCED THEREBY TO
CLARIFY THE PROCESS REGARDING THE ACQUISITION OF LEGAL
EXPERTS AND CONSULTANTS.
WHEREAS, Collier County Ordinance 87-25 provides for the establishment of a
purchasing policy to govern all aspects of purchasing administration; and
WHEREAS, the Board of County Commissioners on December 11, 2001 adopted a
purchasing policy by Resolution 2001-482; and
WHEREAS, the Collier County Attorney's Office is seeking to clarify the purchasing
policy regarding litigation support and to facilitate effective litigation strategy:
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
Resolution 2001-482 and sections IV. B.5 and VII H. of the purchasing policy attached
thereto and incorporated herein are hereby amended by this Resolution, attached hereto and
incorporated herein by reference.
This Resolution adopted this _ day of
, 2004 after motion, second
and majority vote favoring same.
ATTEST:
DWIGHT~: BROCK, Clerk
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
.,~ <\-..' ,
~~~
If~ '~lj. ,,'
Approved as to form and
legal sufficiency:
, ' I .~.' _, . /1~.
~d~
Don a Fiala, Chairman
By:
Item # /oI
AgOnrja~y
DC"'~ C::f. t1
_tv
H: nIR/ResolutionsJResolutions-Purchasing Policy 102103
- 1 -
RESOLUTION NO. 2001-~2
RESOLUTION AMENDING AND REPLACING COLLIER COUNTY RESOLUTION 95-
353 AND THE PURCHASING POLICY REFERENCED THERBY
WHEREAS, Collier County Ordinance 87-25 provides for the establishment of a
purchasing policy to govern all aspects of purchasing administration; and
WHEREAS, The Board of County Commissioners on June 6, 1995 adopted a
purchasing policy by Resolution 95-353 and has amended said policy by resolution on
subsequentoccas~ns; and
WHEREAS, County staff desires to consolidate all subsequent revisions to the
1995 resolution into one document; and
WHEREAS, County staff seeks to clarify and update existing provisions to further
promote the efficient and effective acquisitions of commodities and services.
NOW, THEREFORE BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA that:
Resolution 95-353 as previously amended by the Board is hereby further amended
by this Resolution as shown in, attached hereto and incorporated herein by reference.
This Resolution adopted after motion. second and majority vote, favoring same.
DATE/P~--"~JL~I/ , 2001 BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By r-J ~
Jame~-')
Chairman
ATTEST:
,,- ...."
o'fil.f3'1f1:S .j.R6.~~..Clerk
. (:*f!~'.:~>~ - ~ e.-
BY::. '~'.' .,~ .
':..-tv1aureef1-~etiyon. Attest IS to CJlltrun'S
" .'O~p~W_'Cl.~rk signature 0111,.
.."....
APPROVED AS TO FORM AND
LEGAL SUF Y: ~
By: ~
Robert Za ry,
Assistant County Attorney
10f '1"
IV.
VII.
lOEJ.
B. The requirements for requesting quotes from three (3) or more sources are
waived and do not require Board action for:
1. Purchase of library books, education and/or Personnel tests, similar
audio visual materials, periodicals, printed library cards, etc.
2. Professional services; and, in instances when authorized by the
Purchasing Director where commodities or services are purchased
directly from the owner of a copyright or patent, a governmental
agency, a recognized educational institution, a not-for-profit entity or
when there are no other identifiable sources available.
3. Purchases that the Director has determined to be legitimate single
source purchases.
4. Valid public emergencies or other instances deemed by the Director to
be in the best interests of the County.
5. Purchase of services from experts or consultants by or through the
Office of the County Attorney for purposes of preparing for or defendina
aaainst imminent or pending civil litiaation or administrative
proceedings.
G. Requests for outside legal services will be referred to the County Manager
and the County Attorney for review and comment as to whether said
services are necessary and/or appropriate. Requests for outside legal
services may be exempted from formal competition by the Board of County
Commissioners at the request of the County Manager or County Attorney.
H. The acauisition of services from experts or consultants for purposes of
preparing for or defendina against imminent or pending litiaation or
administrative proceedinas shall be exempt from all competitive
reauirements of this policy. Any such acauisitions that do not exceed
$50.000 may be approved by the County Attorney and the Purchasing
Department. but will be reported at a reaular meetina of the Board for
ratification.
13" A
......
INTERLOCAL AGREEMENT FOR ELECTION SERVICES
By and Among the City of Naples, Collier County and the Supervisor of Elections
This Agreement for Election Services (Agreement) is for the February 17, 2004, City Council
Election and is by and .among the City of Naples (City), Collier County by and through the Collier County
Board of County Commissioners (County) as owners of the County's voting and ballot tabulation
equipment, and the Collier County Supervisor of Elections (Supervisor) as custodian of the County's voting
and ballot tabulation equipment.
WITNESSETH
In consideration of the premises and covenants set out below, .to\ I for $10 and other valuable
.o..siderations in hand received by the County and the City, it is hereb. a\;knowledged and agreed by the
t arties hereto as follows:
1. The City acknowledges that only the Florida Constitution and the Florida Legislature may
confer jurisdiction on the Board of County CommissioneL 'lnd the Supervisor of Elections
through various legislative enactments. Jurisdiction cannot be conferred by agreement,
consent, waiver, or other voluntary act or involuntary act since jurisdiction is established
solely by general law.
2. Section 97.021(8), Fla. Stat., provides the definition for "election" used throughout the
election code and by definition, those elections for which the County and Supervisor are
responsible. The City acknowledges that such definition does not include municipal
elections.
3. Under the terms of the City Charter, the City is responsible for the conduct of all its municipal
elections except when the City chooses to call a special election to be held by mail ballot.
Such an election is subject to a separate Agreement for Services.
4. The home rule powers granted to cities by the Florida Constitution provide for the conduct of
the February 17, 2004, City Council Election under the City Charter.
5. To facilitate the City's conduct of its February 17. 2004, election, the Supervisor of Elections
shall do those items enumerated in Exhibit A identified as s.19.1, Security Procedures for
Stand Alone Municipal Elections of Collier County.
6. The City shall provide to the Supervisor of Elections and the Florida Attorney General a copy
of the City's letter of submission and response to and from the U.S. Department of Justice
along with any other correspondences to or from the U.S. Department of Justice, relative to
any changes in voting procedures, to include, but not limited to, changes the City makes
relative to polling site locations or any applicable charter amendment referendum questions.
Such copy shall be provided no later than 5:00 p.m. on the fourth day preceding the election.
7. Subject to the terms of this Agreement, the County agrees to lease the following items to the
City for use at the polls in its election:
· 75 iVotronics voting booths, including 11 ADA units
· 150 Personal Electronic Ballots
· 11 Compacs
· I I Laptop computers
· I I Precinct Signs with Flags
· 1 I Precinct file caddy and supplies
· 11 Vote Here Alphabet Card sets
· 11 Alphabet card holders and assembly
8. The Supervisor of Elections shall arrange to have the voting equipment and supplies picked
up and delivered to the precincts on the Friday preceding Election Day.
9. The Elections Office shall remove all elections information from the iVotronic voting
equipment and return to the City of Naples for retention.
10. No later than 5:00 p.m. on the Friday immediately following the election, the Supervisor of
Elections shall remove all supplies belonging to the City and return to the Cit'j-fm ct":~:.&:.
1
13
11. The City shall use the County's certified tabulating systems, as certified for use after February
2002 under the new state standards, and pay directly to the Supervisor of Elections all costs
for programming, on-site election support, and any repairs required as a result of the City's
use.
12. Nothing in this Agreement shall be construed to require the County or the Supervisor to
provide the setup of the equipment for use.
13. This Agreement shall be construed to require the County or the Supervisor to provide all
oaths, forms, and training materials to the City's Poll workers, Clerks, Oath Persons, Field
Election Deputy's and Ballot Activators.
14. Nothing in this Agreement shall be construed to infer that the County or the Supervisor
ir:terpreted the provisions of the City's charter or interfered in any wa~/ with the City's
exercise of its home rule powers pursuant to the conduct of the City elec tion.
15. ]\0thing in this Agreement shall require the County or the SupervisOl to arrange for the
acquisition or construction of additional equipment for use by the Cit) at its poll sites should
such equipment not already be in the County's inventory for that specific poll site facility.
16. The Supervisor of Elections shall be responsible for the delivery and pickup of voting
machines and equipment to the poll sites for use on Election Day.
17. Neither the County nor the Supervisor shall be held accountable for equipment needs not
contained within this Agreement. There shall be no last minute adjustments to this
Agreement for equipment or consumable supplies.
18. Subject to the terms of this Agreement, the County agrees to lease to the City the ballot
tabulation equipment components enumerated herein:
· Model 650 Scanner for Absentee Ballot tabulation
· Unity Election System including:
· Data Manager
· Ballot Image Manager
· Hardware Programming Manager
· Data Acquisition Manager
· Reporting Manager
19. The County agrees to lease the foregoing ballot tabulation equipment to the City subject to the
following additional conditions:
· The City shall utilize the services of the staff of the Supervisor of Elections to
program the system for ballot tabulation of the City election.
· The City shall not remove the ballot tabulation equipment from the Collier
County Government Center where it is in the Supervisor's custody or take any
action, which would jeopardize the security of the system or interrupt the
custody chain.
· The County shall conduct the Logic & Accuracy Test at 9:00 a.m. on Tuesday,
one week prior to the election. The County will conduct a special Logic &
Accuracy Test prior to Early Voting at a time convenient to the Supervisor of
Elections staff and the City Clerks Staff.
· The City shall arrange for the Supervisor of Elections staff to load the election
specific ballot tabulation software onto the County's equipment between the
hours of 8 a.m. and 9 a.m. no later that the Tuesday, one week before the
election.
· The City shall arrange for the storage of its copy of the ballot tabulation program
at a site other than the Collier County Government Center.
· The City's failure to comply with any of these provision, as determined by the
Supervisor of Elections, shall constitute adequate grounds for termination of this
Agreement for convenience by the Supervisor of Elections, on behalf of the
Supervisor of Elections and the County. upon five (5) calendar days notice from
the Supervisor of Elections to the City. However, any such termination for
convenience by the Supervisor of Elections shall not relieve the City from fully
complying with Paragraphs 29, 30, 32, 33 and 34 of this Agreement.
2
Ii
20. The Supervisor's office shall be and is solely responsible for the content and format of
any affidavits and training materials used in the course of its election.
21. The Supervisor shall be responsible for any training of election workers, and the develop-
ment.of training materials. The City Clerk or her representative will attend all training
sessions. The City shall be liable for all actions taken by the poll workers during the
course of its election day. The City Clerk shall apply s. 102.031(3)(c), Fla. Stat., and
all deputies will be trained by the Supervisor of Elections on the solicitation within 50
fe,~t of the polling site rule.
22. The County shall be responsible for all activity relating to any absentee ballots the City
chooses to provide voters for its election - including processing requests; addressing
abscmee envelopes; verification of voter signatures; and providing lists of ab:'~entee voters
to City candidates subject to the oath requirements of s. 98.095, Fla. Stat., I)eing filed
with and authorized by the Supervisor of Elections.
23. With the sole exception of the voter registration book closing advertisement, the City
shall run proper bilingual advertisements for required election notices in a newspaper
of general circulation within the County.
24. The 0 Junty shall provide the necessary training and personnel on Election D4Y to verify
absentee voter signatures, open absentee ballots and prepare the voted ballots for actual
tabulation. Such tasks shall be conducted under the rules established by the City
Canvassing Board.
25. The City shall be responsible for retention and destruction of all election materials in
conformity with applicable State and Federal laws.
26. To the extent permitted by law, with the exception of activities relating directly to the
Supervisor's determinations regarding voter registration and eligibility, the City shall
pay for the Supervisor's selection of defense counsel and indemnify and hold harmless the
County, the Supervisor of Elections, their officers. agents and employees, from and against
any and all actions, in law or in equity, from liability or claims for damages, injuries,
losses, and expenses including attorney's fees, to any person or property which may
result now or in the future from City's activities associated with this City election,
arising out of or resulting from any and all acts of omission or commission relating to
the City's election or the City's responsibility under this Agreement. Further, to the
extent permitted by law, the City shall pay for the Supervisor's selection of defense
counsel and indemnify and hold harmless the County, the Supervisor of Elections, their
officers, agents, and employees from and against any and all actions, in law or in equity,
from liability or claims for damages, injuries, losses, and expenses to any person or
persons or persons authorized by the City, its employees, or agents to participate in
the City election when not otherwise authorized or from events relating expressly to
City election activity.
27. All costs, including attorney's fees and court costs, shall be paid by the City for:
a. Litigation involving payment due to the County or Supervisor and for collection for
any judgment recorded against the City, or
b. Litigation involving the City's election whether brought by an elector, the U.S.
Department of Justice, or others.
28. The Supervisor of Elections or her staff shall prepare and advertise bilingually the voter
registration book closing in accordance with general law and obtain an Affidavit of
Publication for same. Said advertisement shall subsequently be billed to the City,
which shall be responsible for payment.
29. To lease voting units, and other supplies listed within this contract, the fee shall be $100
per voting unit, which for the anticipated 75 units is $7,500.00. The fee shall cover
replacement parts and shipping necessary to repair any damages to the County's voting
unit or equipment leased to the City. In the event the cost of such replacement parts
exceeds the amount of the fee, the City shall reimburse the County for the difference. The
fee shall be promptly paid to the Supervisor following written request.
30. Within 10 calendar days of the City election date, the City shall provide any replacement
parts or equipment that were lost, stolen or damaged while in the Ci~' J p6JS._oo.. ..__
13A
~,
I
,.--.
3
1,.'3 J1
31. If the Supervisor's actual City election costs exceed the amount of the fee, the City shall
pay the Supervisor's bill within ten calendar days ofreceipt Rates for the Supervisor's
bill shall be actual costs associated with conducting the election.
32. Notwithstanding all provisions for payment set forth in this Agreement, s.I01.002(2)
Fla. Stat., provides that the City shall be responsible for all costs associated with
manpower, whether or not specifically set forth in this Agreement.
33. Nothing in this Agreement relieves the City of its responsibility to develop security
procedures for its election. The County and Supervisor of Elections responsibility
for securitj regarding the City's election are limited to those items contained in th,~
Exhibit A.
34. The County ,'Od the Supervisor of Elections has no liability for costs or expenses Of Dther
liability incurred by the City in preparation for this election should the U.S. Departme:lt
of Justice note .in objection in its response to the City Manager's request. Further,;hould
there be a response noting an objection which would delay or prohibit the conduct 0 F the
election. the City is not relieved of any related financial obligation owed to the County
and Supervisor arising from fees, goods, and services, or other costs and expenses
whether or r0t specifically set forth in this Agreement, incurred by the Supervisor up to
the time the City notifies the Supervisor in writing of the Department of Justice objeCiion.
35. The City shall obtain an insurance policy which shall name the County as additionally
insured or agree to provide coverage through the City's self-insurance and shall assure
that the County will have no financial obligation which includes the City's responsibility
for paying any deductible for any damages to the County's voting and ballot tabulation
equipment and systems used in a City election. The City shall provide the County with a
Certificate of Insurance for said coverage or a resolution indicating such coverage under
the City's self-insurance program.
36. In the event there is an election protest, contest, or sequestration order arising from the
City's election involving any component of the County's voting system and lor
equipment which would preclude its further use until the matter has been resolved by the
Courts and the County has an election scheduled where the equipment must be used, the
City shall make a $25,000 security deposit to Collier County within four calendar days of
the issuance of the sequestration order for the tabulation component and an additional
$25.000 if voting units are involved. The unused balance on the security deposit shall be
returned to the City when the sequestration order has been lifted and the equipment has
been returned.
37. The City shall arrange for candidates, candidate supporters, and members of the press to
congregate and await election results in some publicly accessible meeting area such as
the County Commission meeting, City Hall, or other comparable location. Candidates
only may be given tours of parts of the secured areas of the Elections Office. The City
Canvassing Board, its precinct election workers, its election night workers, and the
Elections employee designated with custodial supervision of the facility for the day will
be admitted to the secured area for processing.
38. This Agreement shall be valid only for the City election held February 17,2004.
39. In the event any part of this Agreement is determined to be unenforceable by a court
of competent jurisdiction, said ruling shall not invalidate the remaining parts of the
Agreement.
4
13 ;4
IN WITNESS WHEREOF, the parties hereto authorize this Agreement, consisting of five
consecutively numbered pages plus a one page Exihibit A attachment, and affix their hand and
seal this day of ,2004 by the Naples City Council and this_
day of , 2004 by the Collier County Board of County
Commission~rs and Supervisor of Elections.
\ \ \ \ ~.\ , ~ I ~,~ 1, I, 't I, (,
,,\\\ .....(\~,., po ;3C~~J::'J>... "'':'l
'^~ I.'~- , .. ,
""~ ~~es .......--..-........ c.,..' ..t!!* "/
..'.1 ~ ... i..;,- t, ",.
,.' . 1):Nigfi~~!3.!~~~. p~
:.' :"/' <:~'!::;:\?~ "1~~~\
,/_ By:&/Y!~V.:f!d4.~
.::A~~~s~,,~~~~~ ~~cbl~iG';.erk
s i:~.tur..:.-oftll.
""'''' . "
prov d s to form
fficiency.
nty Board of Commissioners
Supervisor of Elections
Jennifer J. Edwards
Attest:
City of Naples
Tara Norman, City Clerk
Bonnie MacKenzie, Mayor
Approved as to form
and legal sufficiency
Robert Pritt
The City of Naples Attorney
5
Exhibit A
Collier County, Florida
s.19.1 SECURITY PROCEDURES
for stand alone Municipal Elections
1 "7 )1
1 ') d
,"#
1. The Elections Office will advertise the registration book closing.
2. The Elections office will provide the City with a precinct demographics report within
seven days of registration bo')k closing.
3. On the 4th day preceding Election Day, the Elections Office will run the computer sort to
produce precinct registers for use by the City (not required for mail ballot election.)
4. On the 4th day preceding Elect;on Day, the Elections Office shall deliver the precinct
registers to the Precinct Clerk no later than 5:30 p.m.
5. If the City leases the County's voting equipment, permission must be obtained from both
The Board of County CommissIOners and the Su'pervisor of Elections for each election
date per Fla. Stat. 101.36. The County shall not be required to provide equipment it does
not have.
6. The County shall arrange for ddvery of the voting equipment to the polling locations.
7. The County shall make arrangements for the voting equipment to be returned to the
Supervisor of Elections. The City will provide, test and pay for cell phones for each
polling location.
8. The Elections Office will issue absentee ballots. The Elections Office will, prior to the
Canvassing of votes, verify voter signatures on absentee ballots returned to the Elections
Office.
9. If the City leases the County's ballot tabulation system, only the Supervisor of Elections
Security procedures for building and system access shall apply.
10. The Elections Office shall retain the precinct registers for twelve (12) months.
11. All candidate information to be used in the audio files will be made available to the
Supervisor of Elections no later than February 3, 2004. The audio ballot will be
produced by Election System and Software. The Supervisor of Elections will invoice
the City of Naples all costs of the audio ballot.
12. Election costs shall include, but not be limited to expenditures for all paper supplies
including envelopes, instructions to voters, affidavits, precinct registers, reports, ballots,
postage, notices to voters, advertisements, testing of equipment, sample ballots, data
processing time and supplies, delivery and pick up of equipment, records retention and
labor costs, including those costs uniquely associated with absentee ballot preparation
and canvassing. These costs will be the responsibility of the County and billed to the
City.
13. Costs of poll workers, field election deputies, and polling locations shall be the
responsibility of the City.
14. The City agrees to provide any and all candidates names for the Special February 17,
2004 election no later than January 17, 2004.
Revised January 2004
6
14 A iJ
MEMORANDUM
Date:
February 11, 2004
To:
Bob Titus
Finance Manager
From:
Linda A. Houtzer, Deputy Clerk
Minutes & Records Department
Re:
Resolution 2004-57
Please find enclosed one copy of the original document,
and one certified copy of the original document, as
referenced above, approved by the Board of County
Commissioners on Tuesday, February 10, 2004 (Agenda Item
#14A)
Please forward the certified copy to the appropriate
party.
If you should have any questions, please call me at:
774-8411.
Thank you.
Enclosure
RESOLUTION NO. 2004- 57
1..... 1.+; 51
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A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA, TO TERMINATE FOR CONVENIENCE A
GRANT FROM THE ECONOMIC DEVELOPMENT ADMINISTRATION
ENTITLED INVESTMENT NO. 04-01-04619, EFFECTIVE RETROACTIVELY
TO DECEMBER 23, 2003
WHEREAS, Through no fault of its own and because of unavoidable delays
completing the scope of work for the investment outlined in the subject grant from
the Economic Development Administration - entitled EDA Investment No. 04-01-
04619 - and as recommended by the EDA and by the Collier County Airport
Authority, the Board of County Commissioners of Collier County, Florida, hereby
determines that it is not feasible to complete the project as originally intended
and, therefore, for the mutual convenience of the County, the Collier County
Airport Authority and the EDA, the grant should be and is hereby terminated
effective retroactively to December 23,2003, and that an accounting should be
made; and
WHEREAS, the Airport Authority and Board understand, as a condition of this
termination for convenience, the Economic Development Administration will
disburse its share of the eligible project cost based upon documentation the EDA
has received for cost incurred through December 23, 2003.
NOW, THEREFORE, IT IS HEREBY RESOLVED BY THE BOARD OF
COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
1. Collier County hereby agrees to terminate for convenience EDA
Investment No. 04-01-04619, effective retroactively to December 23,
2003.
2. A certified copy of this Resolution shall be mailed the
U.S. Department of Commerce
Economic Development Administration
Atlanta Regional Office
Suite 1820
401 West Peachtree Street, N.W.
Atlanta, GA. 30308-3510.
Attn: William J. Day, Director, Atlanta Region
PASSED AND DULY ADOPTED by an affirmative majority vote of the
Board this day of 2004.
ATTEST:
Dwight E. Brock, Clerk
Donna Fiala, Chairman
By: ~ By:
- ~.e~t\;,t"I~rk ". .~ ~
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and'n~~L
Thomas C. Palmer,
Assistant County Attorney
Item #
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16,41
MEMORANDUM
Date:
February 12, 2004
To:
Janeen Person
Grants Development Coordinator
Financial Administration & Housing
From:
Linda A. Houtzer, Deputy Clerk
Minutes & Records Department
Re:
Challenge Grant Agreement between Collier County Board of
Commissioners and the State of Florida Department of Children and
Families
Enclosed please find three (3) original documents as referenced above (Agenda
Item #16A 1) and three (3) certified copies of Resolution 2004-36 as approved by
the Board of County Commissioners on Tuesday, February 10, 2004.
Please forward to appropriate parties for signatures and return a fully executed
original to Minutes and Records.
If you should have any questions, please call me at 774-8411.
Thank you.
Enclosures
RESOLUTION NO. 2004 - 3 6
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A RESOLUTION BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER
COUNTY, FLORIDA, AUTHORIZING ACCEPTANCE OF THE FISCAL YEAR
2003-2004 STATE OF FLORIDA OFFICE ON HOMELESSNESS CHALLENGE
GRANT A WARD, APPROVING EXECUTION OF CHALLENGE GRANT SUB-
RECIPIENT AGREEMENT (S) BY THE COUNTY MANAGER OR THE
COMMUNITY DEVELOPMENT AND ENVIRONMENTAL SERVICES (CDES)
DIVISION ADMINISTRATOR, AUTHORIZING ACCEPTANCE OF THE GRANT
AGREEMENT FROM THE DEPARTMENT OF CHILDREN AND FAMILIES, AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, Collier County desires to apply for and receive federal and state funding to
provide assistance to meet the housing and support needs of its least able residents; and
WHEREAS, federal and state funds are available in the form of grants from the U.S.
Department of Housing and Urban Development (HUD) and the State of Florida Homeless
Challenge and Housing Assistance Grants, commonly referred to as the Continuum of Care
(CoC) to meet such needs; and
WHEREAS, Federal and Florida law require Collier County to designate and appoint a
lead agency to serve as the point of contact and accountability of CoC grants; and
WHEREAS, the State of Florida Office on Homelessness, and as its agent, the State of
Florida Department of Children and Families (hereinafter DCF), requires the designated Lead
Agency for the Continuum of Care process to be the applicant and recipient of the State
Challenge Grant funding; and
WHEREAS, at its January 28, 2003, meeting the Board of County Commissioners gave
approval for the County to become the CoC Lead Agency; and
WHEREAS, the Fiscal Year 2003-2004 State Challenge Grant was submitted on
September 9,2003, to the State Office on Homelessness; and
WHEREAS, Collier County as CoC Lead Agency was awarded this grant, in the amount
of $82,500 on October 21,2003; and
WHEREAS, a Challenge Grant A ward Agreement is required to be entered into between
the Collier County Board of County Commissioners and the Department of Children and
Families; and
WHEREAS, the sole anticipated Sub-recipient of the Challenge Grant funding for
FY 2003-2004 is the Collier County Hunger & Homeless Coalition (CCHHC).
Page 1 on
1i;.41
NOW, THEREFORE BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, THAT:
1. The Board of County Commissioners of Collier County approves the DCF
Grant Award Agreement #HFZ09 (Grant Agreement) for the State of Florida
Office on Homelessness Challenge Grant for FY 2003-2004, which is
attached and incorporated herein by reference as Attachment "A", and
authorizes the Chairman of the Board of County Commissioners to execute
said agreement and the Department of Financial Administration and Housing
(F AH) to take the necessary actions for implementation of the specific
activities described in the Grant Agreement.
2. The Grant Agreement sets forth the detailed dollar amounts for each Activity
to be funded by the Challenge Grant. A copy of the Activities and total
Challenge Grant funding is set forth on page one of the Grant Agreement.
Each recipient must enter into a Sub-recipient Agreement to receive his or her
Challenge Grant funding and each such Sub-recipient Agreement is hereby
acknowledged as providing for a valid public and County purpose.
Accordingly, the individual Sub-recipient Agreement for each Challenge
Grant Activity will be subsequently entered into for the amounts shown on
behalf of Collier County, and the County Manager or Community
Development and Environmental Services Administrator is authorized to
execute the Challenge Grant Sub-recipient Agreement to implement each
such Activity, so long as:
1) the form of each such Sub-recipient Agreement conforms to the form of
the attached blank form, Attachment "B" adopted and incorporated by
reference, and 2) the dollar amount of the Activity for the corresponding then
completed Sub-recipient Agreement is $82,500, and the Sub-recipient is the
CCHHC as referenced above.
3. EFFECTIVE DATE. This Resolution shall become effective upon adoption
by a majority vote of the Board of County Commissioners.
Page 2 of3
-
This Resolution adopted this tenth day of February 2004, after motion, second tnt.., 4 1
majority vote favoring same.
ATTEST:
DWIGHT ~:.,~~5~~t,~~~~
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Approved as 'i@1m__~~, ,"
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Patrick . White
Assistant County Attorney
BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA
By: ~~JJ d4~
DONNA IALA, CHAIRMAN
Page 3 of3
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ATTACHMENT "A"
CHALLENGE GRANT AGREEMENT
JO-J5-03
i
THE STA Tl. vFFICE ON HOMELESSNESS
CHALLENGE GRANT AGREEMENT
Collier County Board of County Commissioners
(Grantee's Name)
and
State of Florida
Department of Children and Families
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'VHEREAS the State Office on Homelessness of the Department of Children and Families
(hereinafter Department) with the concurrence of the Council on Homelessness has been tasked
by section 420.622 Florida Statutes, to accept and administer monies appropriated to it for the
purpose of awarding challenge grants to lead agencies for homeless assistance continuums of
care, and
WHEREAS the Department has received a grant application from the Collier County Board of
County Commissioners in Collier County, (hereinafter Grantee), and
WHEREAS it appears to the department that there is a need to provide the services described in
that application,
NO''', THEREFORE, The Department hereby awards the sum of $82.500.00 Dollars to
Grantee under the following terms and conditions:
1. The application filed with the Department by the Grantee dated September 9. 2003 and
attached to this agreement as Attachment 1 is hereby incorporated within this agreement as if
fully set out at length here. The solicitation document upon which that application is based is
also hereby incorporated within this agreement as if fully set out here and is designated
Attachment II.
2. Grantee hereby agrees to perform the tasks and to provide the services described in that
application as described in Attachment 1 with the following exceptions:
· On or before February 29,2004, the grantee will provide the department with a detailed line
item budget and budget narrative indicating how the grant funds will be expended.
· On or before February 29, 2004, the grantee will provide the department with a time line
indicting the hiring date of the system administrator and purchasing of system soft and
hardware.
3. Grantee agrees that it will award subgrants as described in its application and that it will do all
those things which it asserted that it will do in that application including supervising and
coordinating expenditures made by subgrantees. Grantee further agrees that it will use due
diligence in supervising its subgrantees to assure that funds are expended for the purposes
intended and that a full accounting for these grant funds is made.
GRANT#HFZ09
10-15-03
THE ST A Tl. ",FFleE ON HO~EL'ESSNESS
Ih,41
4. Where there is a conflict between the grant application incorporated herein by reference and
this Challenge Grant Agreement, this Challenge Grant Agreement shall prevail.
5. In accordance with sections 11.062 and 216.347, F.S., no funds provided by this grant may be
expended for the purpose of lobbying the Legislature, the judicial branch, or a state agency.
6. This Challenge Grant Agreement is executed and entered into in the State of Florida, and shall
be construed, performed, and enforced in all respects in accordance with the applicable State of
Florida and Federal laws. Each party shall perform its obligations herein- in accordance with the
terms and conditions of this grant agreement. It is hereby agreed by the parties that in the event
that litigation by either party to this grant agreement becomes necessary that venue shall be
proper in Leon County, Florida.
7. Grantee agrees to maintain complete, accurate and adequate records, including fmancial
records, relating to funds received pursuant to this Challenge Grant Agreement and of all
expenditures made by Grantee and its subgrantees with grant funds. The Grantee will require
audit and record keeping requirements in all subgrants and assignments. All records shall be in
sufficient detail to permit a proper pre audit and a post audit of all expenditures.
8. Grantee agrees to provide a fmancial and compliance audit to the Department as specified in
this Challenge Grant Agreement and in Attachment III and to ensure that all related party
transactions are disclosed to the auditor.
9. Grantee agrees to retain all financial records, supporting documents, statistical records and
any other documents, whether kept by electronic storage media or otherwise, pertinent to this
Challenge Grant Agreement for a period of not less than six (6) years after the starting date of
this Challenge Grant Agreement, or if audit fmdings have not been resolved at the end of the six
(6) year period, the records shall be retained until resolution of the audit findings. State auditors
and any persons duly authorized by the Department shall have full access to, and shall have the
right to examine any of the said materials at any time during regular business hours.
10. Grantee agrees to furnish the Department with monthly status reports, Attachment IV to this
Challenge Grant Agreement.
II. Grantee agrees to be liable for all claims, suits, judgments, or damages, including court costs
and attorney's fees, arising out of the negligent or intentional acts or omissions of the grantee, and
its agents, subgrantees and employees, during performance pursuant to this Challenge Grant
Agreement. Further, the Grantee agrees to indemnify the Department against all claims, suits,
judgments, or damages, including court costs and attorney's fees, arising out of the negligent or
intentional acts or omissions of the Grantee, and its agents, subgrantees, and employees, during
performance pursuant to this Challenge Grant Agreement. (NOTE: This paragraph is not
applicable between state agencies or subdivisions, as defined in subsection 768.28(2), F.S.)
2
GRANT#HFZ09
10-15-03 mE STATh "FFICE ON HOMr~As 1
12. Grantee agrees to establish an infonnal dispute resolution process with which to resolve any
disputes between the Grantee and any subgrantees or recipients. Disputes between the Grantee
and any subgrantees will be resolved in accordance with those procedures.
13. As required by section 286.25, F.S., if the Grantee is a non-governmental organization which
sponsors a program financed wholly or in part by state fimds, including any funds obtained
through this grant agreement, it shall, in publicizing, advertising, or describing the sponsorship of
the program, state: "Sponsored by (Grantee's name) and the State of Florida, Department of
Children and Families." If the sponsorship reference is in written material, the words "State of
Florida, Department of Children and Families" shall appear in the same size letters or type as the
name of the organization.
14. Grantee shall not use or disclose any infonnation concerning a recipient of services under
this Challenge Grant Agreement for any purpose prohibited by state or federal law or regulations
(except with the written consent of a person legally authorized to give that consent or when
authorized by law).
15. The Grantee shall pennit Department personnel or representatives to monitor the services
which are the subject of this Challenge Grant Agreement.
16. Grantee agrees to allow public access to all documents, papers, letters, or other materials
subject to the provisions of Chapter 119, Florida Statutes, and made or received by the Grantee in
conjunction with this Challenge Grant Agreement.
17. The release of fimds shall be in accordance with the request for release of funds schedule
which is incorporated into this agreement as Attachment V, subject to the availability of funds.
The Grantee shall prepare and submit a request for release of fimds on the Grantee's stationary.
The Department will provide the fimds within forty (40) days of the receipt of the request for
release of funds. The State of Florida's performance and obligation to pay under this Challenge
Grant Agreement is contingent upon an annual appropriation by the Legislature
18. Any notice, that is required under this Challenge Grant Agreement shall be in writing, and
sent by hand delivery, U.S. Postal Service Certified mail, return receipt requested, or any
expedited delivery service that provides verification of delivery. Said notice shall be sent to the
representative of the Grantee responsible for administration at the designated address contained
in this Challenge Grant Agreement.
19. This Challenge Grant Agreement shall be effective on January 15. 2004 or on the date on
which the Challenge Grant Agreement has been signed by both parties, whichever is later. It
shall end at midnight, local time in Tallahassee, Florida, on June 30. 2004 or upon completion of
the project.
20. In the event funds for payment pursuant to this Challenge Grant Agreement become
unavailable, the Department may tenninate this Challenge Grant Agreement upon no less than
twenty-four (24) hours notice in writing to the Grantee. Said notice shall be delivered by hand
delivery, U.S. Postal Service, or any expedited delivery service that provides verification of
3
GRANT#HFZ09
10-1S-03
-
THE STAn. "FFleE ON HOM~~~ 1
delivery. The Department shall be the final authority as to the availability and adequacy of state
funds. In the event of termination of this Challenge Grant Agreement, the Grantee will be
compensated for any work satisfactorily completed.
21. Grantee agrees to return to the Department any overpayments or funds disallowed pursuant
to the terms and conditions of this Challenge Grant Agreement that were disbursed to the Grantee
by the Department. In the event that the Grantee or its independent auditor discovers that an
overpayment has been made, the Grantee shall repay said overpayment immediately without prior
notification from the Department. In the event that the Department first discovers an
overpayment has been made, the grant manager, on behalf of the Deplirtment, will notify the
Grantee by letter of such findings. Should repayment not be made forthwith, the Grantee will be
charged at the lawful rate of interest on the outstanding balance after Department notification or
Grantee discovery.
22. Construction, Renovation, or Purchase of Real Property Using State Funds:
A. In accordance with Section 402.73(11) Florida Statutes (2001), if this grant includes
funds for the purchase of or improvement to real property the provision of grant funds are
contingent upon the grantee granting to the state a security interest in the property at least to the
amount of the state funds provided for at least five (5) years from the date of purchase or the
completion of the improvements or as further required by law. As a condition of receipt of state
funding for this purpose, the grantee agrees that, if it disposes of the property before the
department's interest is vacated, the grantee will refund the proportionate share of the state's
initial investment, as adjusted by depreciation.
B. In accordance with subsection 420.622(5)(c), F.S. (2001), grantee further agrees to
reserve, for a minimum often (10) years, the number of units constructed or rehabilitated through
this grant to serve persons who are homeless at the time they assume tenancy.
23. Any modifications of provisions of this Challenge Grant Agreement shall only be valid when
they have been reduced to writing and duly signed by both parties hereto, and attached to the
original of this Challenge Grant Agreement.
24. Official Name of Payee and Representatives:
A. The official Grantee name, as shown on page 1 of this Challenge Grant Agreement, and
mailing address to whom the Department shall issue payment is: Collier County Board of
County Commissioners.
B. The name, address, and telephone number of the representative of the Grantee
responsible for administration under this Challenge Grant Agreement is: Jim Mudd, County
Manager, 3301 East Tamiami Trail, Naples FI34112; Telephone: 239-774-8383
4
GRANT#HFZ09
10-15-03
-
16,41
THE STATE OFFICE ON HOMELESSNESS
C. The name, address, and telephone number of the grant manager for the Department
under this Challenge Grant Agreement is: Robert Farr. Department of Children and Families.
2295 Victoria Avenue. Fort Mvers FI 33901.
25. This Challenge Grant Agreement and its attachments and any exhibits referenced in said
attachments, together with any documents incorporated by reference, contain all the terms and
conditions agreed upon by the parties. There are no provisions, terms, conditions, or obligations
other than those contained herein, and this Challenge Grant Agreement shall supersede all
previous communications, representations, or agreements, either verbal or written between the
parties. If any term or provision of this Challenge Grant Agreement is legally determined
unlawful or unenforceable, the remainder of the Challenge Grant Agreement shall remain in full
force and effect and such term or provision shall be stricken.
IN WITNESS THEREOF the parties hereto have executed this 98 pae:e Challenge Grant
Agreement by their undersigned officials as duly authorized.
GRANTEE:
Collier County Board of County Commissioners
~ m~. 11 legal 8utIIoIIacr Signed By:
~ ~ Name: Donna Fiala
Assls Eli t County Attorney
Title: Chairman, Board of Collier County
Commissioners
Date:
Grantee Federal EID#: 59-6000558
Grantee Fiscal Year Ending Date: 09/30
***************************************************
STATE OF FLORIDA
DEPARTMENT OF CHILDREN AND FAMILIES
Signed By:
Name: Mike Murphy
Title: District Administrator
Date:
5
GRANT#HFZ09
ATTACIDvffiNTI
GRANT APPLICATION FROM GRANTEE
6
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Re: Grant HFZ09
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Collier County Continuum of Care
~~
Homeless Challene:e Grant
Florida State Office on Homelessness 2004 Application
Submitted by:
Collier County Board of County Commissioners
Prepared by:
Collier County Department of Financial Administration & Housing
Submission Date:
September 8, 2003
1
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COlLIER COUN1Y MANAGER'S OffiCE
3301 East Tamiami Trail. Naples, FL 34112 . 239-774-8383 . Fax 239-774-4010
September 8, 2003
Mr. Tom Pierce
Executive Director
Office on Homelessness
1317 Winewood Boulevard
PDHO, Building 2, Room 103-C
Tallahassee, FL 32399-0700
.-
SUBJECT:
FLORIDA CHALLENGE GRANT,2004
COLLIER COUNTY
Consolidated Application
Dear Mr. Pierce:
Please fmd enclosed the Collier County Continuum of Care application for the 2004 Homeless Assistance
Challenge Grant through the State of Florida Office on Homelessness. The total funding requested for the
coordinated activities is $137,500 for the fIrst tier of funding and $82,500 for the second tier of funding,
which will assist local providers in the provision of direct services for the homeless Collier County.
Attached you will fInd the Collier County Challenge Grant Application for homeless programs consisting
of: (I) the Homeless Management Information System Project, which is in the fmal planning stage to
develop a county-wide internet database for homeless resources; (2) Collier County Hunger & Homeless
Coalition for supplies to provide to homeless individuals during outreach activities; (3) Catholic Charities
Emergency Supportive Services Food Assistance program; (4) Guadalupe Center Homeless Emergency
Supportive Services food program; (5) Shelter for Abused Women & Children supportive services food
program. We are pleased to submit this application to further leverage local investment in homelessness
prevention and elimination with the support of the Office on Homelessness.
If you have any questions, please feel free to contact Ms. Janeen D. Person, HUn Grants Coordinator,
Collier County Financial Administration & Housing Department at (239) 213-2901.
Sincerely,
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County Manager
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2004 HOMELESS CHALLENGE GRANT
Table of Contents
Page 3
2.1.1
Budget - Exhibit '6-A'
Page 4
2.1.2
Budget - Exhibit '6-B'
Page S
3.1.1
Letter of Certification of Consistency
Attachments from 2003 CoC Exhibit I
Page 6 - 7 4.1.1 Project Summary
Pages 8 - 11 5.1.1 Quality of Services Narrative
Pages 12 -16 5.1.2 Exhibit '3'
Pages 17 -19 6.1.1 Exhibit '4'
Page 20 7.1.1 Exhibit '10'
Attachments from 2003 CoC Exhibit I
Page 21
8.1.1
Performance Measures Summary
Page 21
8.1.2
Performance Measures Table
Pages 22 - 23
9.1.1
Ability to Complete Activities
Page 24
Appendices
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2.1.1
2004 CHALLENGE GRANT BUDGET
Exhibit 6-A
Grant Amount Provider Location of Homeless Est. Funds Expenditure (see Exhibit
ActivitylUse Requested Name Activity Population Served 6-B for dollar amounts per/Quarter)
Collier County $82,500 Collier Collier All homeless and 12/31/03;
Hunger & County County at risk of 02/31/04;
Homeless Hunger & Florida homelessness 05/30/04.
Coalition Homeless subpopulations
Homeless Coalition Funds would be requested at $27,500
Management per draw crown.
Information
System Personnel,
Software and
Hardware Costs
Collier County $5,000 Collier Collier AU homeless and 12/15/03;
Hunger & County County at risk of 01/31/04;
Homeless Hunger & Florida homelessness 05/30/04.
Coalition direct Homeless subpopulations
assistance through Coalition Funds would be requested at $1,666
point-in-time per draw down.
survey, 'Get-help'
outreach clinics
and other
outreach events to
purchase hygiene
and first-aid kits,
bug spray,
additional
supplies and
materials needed
to carry out stated
activities
Catholic Charities $18,750 Catholic 4209 1.172 Homeless 12/31/03;
Homelessness Charities of Tamiami Families and 03/31/04;
Supportive Collier Trail, individuals in 06/30/04.
Services Program; County Naples, FL shelters, camps
Food Pantry 34112 and on the street Funds would be requested at $6,250
per draw down.
Guadalupe Center $] 8,750 Guadalupe Soup 120 Homeless 12/31/03;
Homelessness Center Kitchen Children in 03/31/04;
Emergency Soup P.O. Box shelters, camps 06/30/04.
Supportive Kitchen 1053, and on the
Services Program; lmmokalee, street/At-risk of Funds would be requested at $6,250
Food FL 34143 homelessness per draw down.
persons
Shelter for $] 2,500 Shelter for P.O. Box 225 Homeless 12/3 1/03 ;
A bused Women Abused 10 1 02, women and 03/31/04;
& Children, Women & Naples, FL children/shelter 06/30/04.
Supportive Children 34101 residents and non-
Services Program; resident victims of Funds would be requested at $4, ] 66
Food domestic violence per draw down.
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2.1.2
EXHIBIT 6.B
EXPENDITURE SCHEDULE
Estimate Draw By Quarter Ending -
-
Grant Activitv/Use J Budaeted 12/31/03 3/31/04 06/30/04
1. CC H&H Coalition $82,500 $27.500 $27 .500 $27 .500
2. CC H&H Coalition $5,000 $1,666 $1.666 $1,666
3. Catholic Charities $52.750 $6,250 $6,250 $6250
4. Guadalupe Center $5,000 $6,250 $6.250 $6,250
5. Shelter for Abused Women $14.400 $4,167 $4,167 $4,167
TOTAL GRANT $137,500 $45.833 $45.833 $45.833
The funding for the Challenge Grant is state general revenue. It is estimated that no more than 25 percent
of the grant budget authority will be released in each quarter of the fiscal year. It may be less than 25
percent. Accordingly, the lead agency shall manage the expenditures to assure that funding available for
grant activities is spread across the fiscal year.
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COlLIER COUNfY :MANAGER'S OFFICE
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3301 East TaIl?iami Trail. Naples, FL 34112 . 2~9-774-8383 . Fax 239-774-4010
September 8, 2003
Mr. Thomas Pierce
Executive Director
Office on Homelessness
13 1 7 Winewood Boulevard
PDHO, Building 2, Room 103-C
Tallahassee, FL 32399-0700
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SUBJECT:
CERTIFICATION OF CONSISTENCY for
Collier County 2004 Homeless Challenge Grant Application
Dear Mr. Pierce:
The Collier County Financial Administration and Housing Department as Continuum of Care 'Lead
Agency' hereby certifies that the Collier Countv 2004 Homeless Challenge Grant Application as
submitted is consistent with the Continuum of Care Strategic Plan, HUn FY 2003 and that each use
proposed is contained within the parameters and spirit of the Strategic Plan.
The following list of proposed uses expand existing programs serving the homeless and at-risk of
homelessness population in Collier County, with the page citing the activity location in the 2003
Continuum of Care Plan: (1) the Collier County Hunger & Homeless Coalition for the Homeless
Management Information System Project, which is in Phase II of its planning process to purchase and
implement a county-wide internet database for homeless resources, pages 14 and
19a-b; (2) the Collier County Hunger & Homeless Coalition, which will again hold a point-in-time
survey and 'Get-Help' clinics this year in Naples and Immokalee with a goal to expand the clinic and
outreach services, pages 12, 12a-b, 13 and 18; (3) Catholic Charities Direct Assistance and Food Pantry
programs in East Naples, page 15b; (4) Guadalupe Center Homeless Emergency Supportive Services food
program and soup kitchen in Immokalee, page 15c; and (5) Shelter for Abused Women and Children food
program for shelter residents, approximately half of whom are children, page 15d.
Please fmd attached citations identifYing proposed uses with the CoC Strategic Plan and attachments
reflecting the cited documentation. If you have any questions, please feel free to contact Ms. Janeen D.
Person, Collier County HUD Grants Coordinator at (239) 213-2901 or JaneenPerson@colIiergov.net.
Sincerely,
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/ Jim Mudd
County Manager
Attachments/
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2003 CoC Consolidated Application
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6. Homeless Management Information System (HMIS). (Your response to this item will not COMfit towards your
Jo..fKlge limitation.)
Congress has established a national goal that all communities should be collecting an array of data on the homeless, including
unduplica.ted counts of the homeless, their use of services and the effectiveness ofJoca.1 assistance systems. In order to achieve this
objective, BUD has encouraged communities to develop a Homeless Management Information System (HMIS).
a. Describe in a brief narrative your Continuum of Care (CoC) strategy to implement an HMIS, providing. schedule
for implementation Bnd describing the progress you have made to date, including obtaining the partidpation of
emergency shelter, transitional housing and McKinney-Vento permanent supportive housing providen.
HUD is mandating that a1l1oca1 Continuums of Care implement a Homeless Management Information System
by October 2004 in order to continue to receive funding. The funding received through the CoC is critical to
Collier County because currently there is limited local funding of services for hOmeless and at-risk of
homelessness persons, mainly through private and nonprofit sources. The Coalition did apply for and receive
CDBG funding for HMIS, but there are no general revenue tax dollars available for this project.
Projects like the EASF Immokalee Permanent Housing, Collier County Department of Human Services Rental
Assistance and Prescription Medication, Catholic Charities Mental Health COW1.Seling program and The
Learning Connection Project Education will suffer if Collier County becomes ineligible for future funding and
does not participate in an HMIS system. In addition, we will become ineligible for CoC sponsored State
Challenge Grants and State Homeless Housing Assistance Grants through the Department of Children and
Families.
The Collier County Hunger and Homeless Coalition has completed its ..data gathering stage" of collecting
information from adjacent communities and software providers on the implementation of an HMIS system in
Collier County. Through the Continuwn of Care process, this HMIS system has been discussed for the past
two years and an HMlS sulH;ommittee was formed in Summer 2002.
The HMIS sub-committee has facilitated presentations from three different service providers: Bowman
Internet SystemslServicePoint, Simplicity Computer Solutions and Radii Technologies. HMIS information has
been presented at every monthly Coalition general meeting to help educate the Coalition membership. An
HMIS Listserv was created through the Naples Free Net to enhance communication and information sharing
for those agencies interested in HMIS. The HMIS sub-committee surveyed members to detennine which
agencies were ready to participate. Six agencies have committed to participate as the pilot group to implement
the HMIS system. They are St. Matthew's House (providing emergency shelter and permanent housing for the
homeless), David Lawrence Center (major mental health care provider in Collier County), Child Care of
Southwest Florida (provides child care vouchers to the homeless; management and oversight of child care
centers and child care development and training), Collier County Department of Human Services (provides
rental assistance and prescription medications to the homeless), Catholic Charities (provides counseling, life-
skills, prescription medications, food and clothing for the homeless) and the lmmokalee Friendship House
(provides emergency shelter and supportive services for the rural homeless).
This pilot group joined the HMIS sub-committee and began it's Phase I meeting schedule from January 2003
through April 2003 to detennine the following in preparation for the 2003 Continuwn of Care and Summer
2003 State of Florida Challenge Grant applications: 1) equipment and data communication needs; 2) system
configuration to determine what data to track, what is shared and what remains confidential; 3) computer
hardware needs of the participating agencies; and 4) computer training needs of participating agencies. Phase
n of the HMlS process will begin in August of 2003 with its main goals to I) choose a software provider and
2) determine the job description and employment arrangements of the systems administrator. Phase ill will
begin in January 2004 and focus on the actual implementation of the HMIS in Collier County. The HMIS sub-
committee will also begin developing a specific system implementation and training schedule with each
participating agency to meet the goal of having the system in place and running no later than August of 2004.
During this time period we will encourage other agencies to consider participation in the H1vIIS system as well,
and the Coalition has notified all 2003 CoC applicants that HMlS participation is mandatory if awarded Coe
funding.
The Collier County Hunger and Homeless Coalition will be the umbrella organization to coordinate the HMIS
system as well as providing a systems administrator who will be available to each participating agency to
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2003 CoC Consolidated Application -
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provide on-going training and technical assistance. Once the initial system has been purchased with available
grant funding, the agencies will designate a staff person to be the agency ad.minist:rator who will work with the
local systems administrator to oversee each agency's HMIS implementation. Participating agencies may be
required to provide some annual funding as deemed necessary by the HMIS sub-committee including annual
operator license fees and a contribution to the systems administrator salary. The HMlS sub-committee will
determine these portions of the HMIS plan as they continue developing the Collier County system
Additionally, the SW FL Coalition for the Homeless is encoUraging discussion of the pros and cons of a
regionalized HMIS. lbis subject will be discussed at the annual conference on May 29th and 30th.
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b. Please check 2!!! of the following which best reflects the status of your CoC in having a Continuum-wide HMIS (see
Section 0 of the "Questions and Answers" supplement to the application before completing):
_ The COC has not yet considered implementing an HMIS.
The CoC has been meeting and is considering implementing an HMIS. .
XX The COC has decided to implement an HMIS and is selecting needed software and hardware.
The COC has implemented a Continuum-wide HMIS.
The COC has implemented, but is seeking to update or change its current HMIS.
The COC has implemented, but is seeking to expand the coverage of its current HMIS system.
c. If your CoC bas already implemented or is seeking to update or expand its HMIS system.
Not applicable.
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3. Your community's Continuum of Care goals and system under development.
The key to developing a successful Continuwn of Care is to continually assess the existing system and identifY shortcomings or
gaps, then establish a set of goals and carry out a series of action steps intended to address these shortcomings or gaps. With this
in mind, please provide the following:
A Chronic HomeJessDess Strategy/Goals
Chronic homelessness refers to an unaccompanied homeless individual. with a disabling condition who has either been
continuously homeless for a year or more OR has had at least four (4) episodes ofhomelessness in the past three (3) years. To
be considered chronically homeless, persons must have been sleeping in a place not meant for human habitation (e.g., living on
the streets) and/or in an emergency shelter dming that time.
(I) Past Performance. In 2001, HUn established a goal of eliminating chronic homelessness within 10 years. HUD is beginning
to track progress made toward this ambitious goal. Please tell us using no more than 2 pages; (a) the specific actions that your
commWlity has taken over the past year towards ending chronic homelessness; and (b) any remaining obstacles to achieving this
goal. -
(a) The completion of the Wolfe Apartments, which has been developed by St. Matthews House, an emergency
homeless shelter is a positive action in the conummity. Wolfe Apartments will provide 34 units of transitional
housing and 12 units of permanent supportive housing for homeless individuals and families. These one and two-
bedroom units will rent for approximately $475.00 to $575.00 per month. In addition to these affordable rents for
very low income families and individuals, a variety of support services will be available including job training,
child care, counseling, life skills and other needed services to assist in the transition to permanent affordable
housing.
The issue of chronic homelessness necessitates a regional approach. At the upcoming SW FL Coalition for the
Homeless Annual Conference, one of the conference sessions is specifically addressing chronic homelessness. This
regional dialogue was a goal of the Collier COC in 2002. It is hoped that discussion of some definite strategies to
address this issue will be found and incorporated into the strategic planning of the Continuum committee.
The Collier COC had as another goal increasing the number of clients who qualify for SSI and other benefits from
the Social Security Administration (SSA). A representative from SSA did give a presentation at a Coalition
meeting encouraging contact with that office to facilitate client access to these benefits. The Shelter for Abused
Women provides its clients with outreach advocates who take clients to the SSA office, as well as to other
mainstream resources. This model is one that the Continuum committee will study as part of the strategic planning
process. Actual tracking of increased access was very difficult, however, the Continuum committee believes that
the implementation of HMIS will provide such tracking.
Another goal of the CoC was to establish 'get help' clinics during the point-in-time census, which occurred in
February of 2003. Coordinated by the Collier County Hunger & Homeless Coalition and the Collier County
Department of Human Services in collaboration with the Collier County Health Department, these clinics provided
medical and mental health assessments, treatment and referrals as well as food, clothing and assistance with shelter.
They were held in Naples and Immokalee and the Continuum committee and Coalition will discuss the need and
feasibility of holding these more often.
The David Lawrence Center, Collier County's local mental health provider, operates the PATII (Project for
Assistance in Transition from Homelessness) program, which is funded by an annual federal grant in existence
since 1999. The program is designed to identify homeless individuals in the community, particularly those
suffering from chronic illnesses, and to link them to appropriate services such as housing, medicaL dental,
substance abuse and mental health services, as well as Social Security Administration. Services such as Case
Management, Supported Living, Housing, and Vocational Services are offered through the P A TII program to
recipients on an as needed basis. To date, beginning in Fiscal year 02-03 the David La"Tence Center has been able
to identify an unduplicated number of 369 persons who were homeless or in imminent risk of homelessness and
have engaged and linked over 42 into other supportive services through the outreach of the PATII program. This
ne:\.1 year, P A TII staff will begin tracking the number of chronically homeless served.
(b) In comparison to the numbers of chronically homeless in larger MSAs', the number in Collier County (126), on
the surface, does not seem a1anning. However, as with those who are temporarily homeless, one of the greatest
obstacles is a lack of permanent affordable housing. In a community \vhere the average rent for a 2-bedroom
market rate apartment is $1,000.00 month while affordable Low Income Housing Tax Credit (LllITC) apartments
rent for $870.00, it is nearly impossible for a chronically homeless single individual to find a place they can afford.
The least ex-pensive one-bedroom apartments available within Collier County rent for approximately $600.00 each
2003 CoC Consolidated Application
month and there are no efficiency apartment complexes or single room occupancy (SRO) units available. Add to
the mix of low wage jobs and high rents, the high probability of an alcohol, drug or mental health problem, and it is
nearly impossible to find and keep decent housing.
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In tlle Naples area specifically, there also continues to be a lack of visibility of the chronically homeless due to the
places and ways in which they live. Exposing their situation and offering assistance is truly an obstacle without
also endangering their ability to survive. As part of the Continuum Strategic planning process, this obstacle will be
addressed.
Another obstacle is the dwindling source of public and private funds to meet the needs of people seeking mental
health and substance abuse intervention, particularly the homeless population. Financial resources provided by the
State of Florida are increasingly targeted towards individuals at risk of institutional care. Fewer public dollars are
spent for prevention and education, which adds to the chronic homelessness issue. The growing need has already
outstripped our current community resources indicated by growing waiting lists for assistance. These trends in SW
Florida have been compounded by the abrupt closure of Charter Glade, a 144-bed private psychiatric hospital
located in the next county, which closed in June of 2000. G. Pierce Wood, the only public mental hospital serving
this area closed in April of 2002. These factors, combined with the absence of any funding for homeless services
through Collier County tax dollars, above what is mandated, provide additional obstacles to any strategies that
address chronic homelessness.
(2) Current Chronic Homelessness StratC2V. In order to keep HUD informed of your chronic homelessness strategy,
please provide a brief summary of the community's strategy for ending chronic homelessness by 2012, including
any updates to your strategy. As a part of this discussion, please include in this narrative the number of sheltered
and unsheltered chronically homeless persons identified on the "CoC: Homeless Population and Subpopulations
Chart" (see page 10). (Your response is expected to be no more than 2 pages, however, none of it win count
towards your 30-page limitation.)
While there is a relatively small population of chronically homeless within Collier County, for the first time the
2003 point-in-time survey did count this sub-population. The results reflected a total of 126 individuals that fit the
chronic homeless definition. Of that number, 96 were unsheltered and 3 I were in some type of shel ter at the time of
the count
Within Collier County, there is a need to provide greater outreach to find and assist chronically homeless
individuals. Two new programs that are able to address a portion of this problem are the PAm (Project for
Assistance in Transition from Homelessness) and the FACT (Florida Assessment Community Treatment) teams.
These groups receive funding from State. Federal and private sources.
The Project for Assistance in Transition from Homelessness (pATH) program is a part of the David Lawrence
Mental Health Center and has been providing direct service to the homeless since 2000. The PAm employee
provides outreach to the homeless in shelters, on the street or in the woods. The PAm position is funded by the
State of Florida through Center for Mental Health Services, Health and Human Services funds. The PAm program
provides outreach, screening, case management, information and referral and other appropriate support services for
the homeless.
In FY 02-03 the PAm prognun identified an unduplicated number of 369 persons who were homeless or at
inuninent risk of homelessness, and engaged and linked over 42 individuals into other essential supportive services.
The current PA"nf grant supports the position of a PATII Coordinator/Case Manager whose function is to identify
clients within the continuum, build a rapport, engage and link them to services as needed with the overall goal of
self-sufficiency and independence. A small portion of the funds are utilized to provide SUpported living and
supported employment services, however, the funding only supports a maximwn of 25% of services delivered in this
area.
In the next proposal, the David Lawrence Center will be requesting funds to enhance the delivery and effectiveness
of this program by adding a substance abuse specialist, supported living and supported employment specialist. The
David Lawrence PATII program has been effective in engaging 52% of the County's estimated homeless population
to date and enrolling 60 individuals in psychiatric, medical, substance abuse, employment, and/or beginning the
process of entitlements through SSA. This program must be expanded to enhance the current delivery of services to
address substance abuse, developing and improving activities of daily skills (ADL's) and job development to
effectively meet the growing needs of Collier County's homeless population.
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2003 CoC Consolidated AppIicatiob
The Florida Assessment Community Treatment (FACf) team began its Collier County operation in 2001. The
FACT team assists clients to maximize their independence, promote self-management of symptoms and prevent
unnecessary hospitalization or incarcerations. The FACT team is part of the private Psychotherapeutic Services Inc.
and receives funding from DCAF and ADMH, and is currently serving 38 individuals. They provide assessment;
administer medication and other services to help facilitate community integration. In addition to these efforts by
David Lawrence, the community mental health facility, the Naples Alliance for the Mentally ill (NAMI),
Psychotherapeutic Services and others, more needs to be done to stop the cycle of chronic homelessness.
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The Hunger & Homeless Coalition will partner with its mental health members, the Lee and Charlotte County
Homeless Coalitions, and the SW FL Homeless Coalition to brainstorm mechanisms to provide a regional approach
to the chronic homeless in southwest Florida. Options may include developing a Single Room Occupancy (SRO)
facility or a Safe Haven. In addition, the annual homeless census count will be revised and strengthened to help
provide a more accurate picture of the chronic homeless, veterans and others. We will also strengthen our
relationship with mainstream and faith based org;m17.ations in the coming years. The following organizations have
joined the Coalition as members this past year and will go a long way in assisting the Continuum in addressing this
issue: Department of Children and Families and the First Assembly of God. The Coalition has also established a
good relationship with the local SSA office representative who will continue to work with Coalition members to
facilitate client access to benefits.
For veterans, the VA Clinic located in Lee County also serves CoIlier County veterans. Its staff provides outreach
services in Collier, but with no local office space has had difficulty being readily accessible to homeless veterans.
The Coalition has been proactively seeking a location in Collier County and is hoping to obtain some space from
County government.
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2003 CoC Consolidated Application
(3) Future Goals. Describe your specific future-oriented goals, and ~p~.gf!f action steps for each to be undertaken
over the 11(;\.t ] S months in carrying out a strategy to end chronic homelessness in your community. Sp'2cif\' the
~...J.1Jjl\:Jf1mJ.l:!,~..the 1~.QJ:Q;;L~n1;:(r:WD.:.Jj~1.success or failure in f;1J.r\i11..;U!.lJL.f:il.::].LS1:;:D and provide specific target
dates for completion. Be sure to include among your goals/action steps each of the plans for housing and services
mentioned in sections 3.E. and 3.F. E.LC;'lSC_QSe the following format..(Add to as needed fOf..i!4QitiomJ goals.)
Goal: End Chronic Action Stepa Responsible T8J'Iet Dates
..' HomeIessnas PenoaIOrpnizatioa.
("What" are you trying to ("How" are you to go about ("Who" is responsible for (moIyr will be
lHXomplish) aCOODlDlishin2 it) acOODlDJJsiu- it) ~Dlished)
Ex: Count unsheltered homeless Annual street counts of Emergency Shelter JlUIIIary 2004
to nitablbh baseline . unsbeltered homeless DeI'!lOll8 Commission
Goal!: Coordinate regional Session at annual SW FL Coalition for October 2003;
approach to addressing conference; focus and the Homeless in January 2004 and
chronic homelessness in SW work groups at collaboration with the May 2004
Florida quarterly regional Charlotte, Collier and
training. Lee County Hungry &
Homeless Coalitions.
Goal 2: Increase the Census County Hunger & Homeless December 2003
frequency of 'Get Help Committee make the Coalition Census
planning part of its Count Committee
Clinics' in partnership with agenda;
VA, SSA, Medical & Dental
providers Include in Continuum
Strategic Planning
process
Goal 3: PATH staff track David Lawrence David Lawrence March 2004
Center staff will
number of homeless served specifically determine if Center-PAm
that {'It the def'mition of each outreach client program staff
'chronic'. meets definition
through assessment
process.
Goal 4: Increase outreach Lee County V A Clinic Veterans October 2003
to veterans staff will establish Administration Clink
regular visits in Collier - Lori Berkland, LSW
at a set location to
assist homeless vets
with accessing benefits
and services.
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2003 CoC Consolidated Application
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R Other Homelessness Goals Chart
(1) Please provide a summary of accomplishments made over the past year in addressing your community's other homelessness
goals.
The Continuum committee and Coalition were able to accomplish the goals they set out for the community last year. The
completion of S1. Matthews House Wolfe Apartments adds a much-needed forty-six (46) unit trnnsitionaVpermanent housing
development in Collier County for homeless individuals and families, including those with disabilities. The Shelter for Abused
Women opened successfully increasing the number of emergency beds from twenty (20) to forty (40) and adding twenty (20)
transitional housing beds to its new state-of-the-art facility.
The Coalition and Continuum committee met several times with the Empowerment Alliance of SW FL and Collier County
Housing Authority regarding the development of pennanent housing for the homeless in hnmokalee. That collaboration and
dialogue has resulted in the Exhibit IT application they have submitted in this 2003 CoCo While the number of section 8
vouchers has not increased, another 2002 goal, the Collier County Housing Authority has become more proactive in its efforts to
advocate for additional vouchers and has really done an excellent job of educating service providers in the community as to how
they can assist their clients with housing needs. In addition, the Housing Authority will be collaborating with Collier County
Department of Financial Administration and Housing to receive HOME Investment Partnerships (HOME) program funds to
implement a tenant based rental assistance program in Collier County that will provide additional assistance to homeless
individuals and families and those at imminent risk ofhomelessness.
The Coalition received a grant from the Community Foundation of Collier County to hire a consultant that will guide the
Continuum committee through a strategic planning process begiIming in July of2003. Now into its third year, the Continuum
has the staff, support system and membership in place to detennine the n~ of the homeless individuals and families in Collier
County and to address those needs through a well-planned and structured process.
(2) In addition to the goals for ending chronic homelessness, please describe any other goals and specific action steps that your
community has developed to address homelessness. Specify the entity that has lead responsibility for carrying out each step and
specific target date for completion. Please use the following fannat
Goal: Other Homelessness Action Steps Responsible Personl TlU'Iet Dates
On!anization
Goal 1: Complete Grant received to hire Coalition Board/Staff and July 2003- December
Coalition/Continuum Strategic consultant to facilitate Community 2003
Planning Process process. First meeting Foundation/Consultant
scheduled for July I, 2003.
Goal 2: Increase diversification Coalition will continue to Coalition Coordinator and July 2003 - April 2004
of fimding sources research and apply for more Lead Agency staff
diverse fundinlZ. sources
Crllal 3: Develop more In collaboration with CHDO Empowerment Alliance of June 2004
permanent housing research additional locations SWFL
as well as implement
Empowennent Alliance First Assembly of God
project in Immokalee and Ministries
assist First Assembly of God
to provide more housing.
Goal 4: Increase assessment Implementation of HMIS Coalition HMIS July 2004
seTVlces and Standards of Care Committee; Coalition
Policies and Procedures Case Management September 2003
Committee.
Gual 5: Compile statistics on Research available data Collier Co\Ulty Hwnan March 2004
physically and developmentally Services Department in
disabled individuals Collaboration with Sunrise
Community of Collier
County
Goal 6: Improve Advocacy Provide training to Coalition Hunger & Homeless January 2004
members and other Coalition
nonprofits
C. Discharge Planning Policy: Not applicable at this time.
D. Unexecuted Grants Awarded Prior to the 2002 Continuum of Care Competition: Not applicable.
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2003 0 nso 1 at \.ppJ on
. Care Oub Senice: Provides service to the elderly (160 in 2001), any type of dementia, meals, respite care,
personal care, prescription management., social interaction.
. Catbolic Cbarities Senice: Serves mental health needs (1,957 last year), meds (528), food, eyeglasses, utility
assistance, clothing, Elderly Outreach. lmmokalee Outreach
. Cbildcare of SW FL: Provides child-care (1,339/yr enrolled) (1,535 on waiting list).
. City of Naples, Planning Department: Provides home repairs, housing, information, and referrals
. COFFO: Service & Housing Assistance, job placement., education, emergency assistance, lmmokalee
Outreach -
. Collier Area Transit: Transoortation, lmmokalee Outreach
. Collier County Cooperative Extension Senice: Youth Programs, 4WYouth (3,000 yr).
. Extension Senices: Education, nutrition, food safety home buying, advice and screening and loan consortium.
. Collier County Public School: Education, youth, mental health counselors (200-750 students per counselor
annually) lmmokalee Outreach
. Collier County Housing Authority: Government Housing-Section 8, farm worker housing, Immokalee
Outreach
. Collier County Department of Financial Administration and Housing: Government Service, Home
repairs, mortgage assistance, (SHIP 425/yr), lmmokalee Outreach. CDBG assistance ill community
development and housing construction.
. Collier County Micro Loan Program: Loans for low-income businesses, lmmokalee Outreach
. Collier County Public Health Dept. Government Service Health, Food (5,OOO/mo), Healthy Families,
Healthy Start, fann share, WIe, Epilepsy Program, Insulin Program, SID Clinic
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. Collier County Senior Senices: Government Service, Elderly (900/vr), Rent/mortgage assistance, food
. Collier County Sheriffs Office: Law Enforcement, Elderly (See Salt/friad)
. Collier County Sheriffs Office (DRll.L): Law Enforcement, Youth (60/yr)
. Collier County Human Senices: Government Service - 29,000 people served, rent, RX, medical
. Collier County Veterans Senices: Government Service, vets, health care, RX (2,489/yr), service-connected
disabilities. Transportation to V A medical appointments (669/yr).
. Collier Harvest: Food for non-profits and shelters.
. Collier Health Senices Senice: Medical (42,000/yr), IDV/AIDS (130/yr), RX, (Marion E. Feather)
OB/GYN Clinic, hnmokalee Outreach
. Collier Housing Alternatives: Non-profit services & provision housing alternatives (Section 811)
. Community Foundation of Collier County: Funder & Service, Rental assistance for victims of domestic
violence (IOO/yr), technical assistance for non-profits
. Consumer Credit Counseling: Service, Education (667/yr), home buyin~ and debt counseling
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2003 CoC Consolidated Aoolication ,
. David Lawrence Center: Community mental health provider, substance abuse counseling and treatment,
housing and case management Outreach drop-in center, ACT Immokalee Outreach ($1O,0001yr), PATH _
Project for Assistance in Transition from Homelessness, Supportive housing (22 beds), medical services (RX),
detox, education, youth, Outreach drop-in center, FACT - Florida Assertive Community Treatment ImmokaJee
Outreach (lO,OOOIvr) and suPJ>Ortive employment services
. Department of Elder Affairs: Service & Housina. Elderlv, RX (8vr)
. Dr. Piper Center: Elderlv, companions, direct aid, foster I!I31ldnarent, Immokalee Outreach
. Empowerment Alliance: Works to balance economic and community development through education and
training, housing, economic development and commwrity image and pride in krunokalee and eastern Hendry
County.
. Epilepsy Services: Service, Health. RX, Bicycle & Pedestrian Safety, distributes bike helmets, Immokalee
Outreach, medical for seizure disorders and RX for same, once-a-month clinic in Immokalee
. First Assembly of God: Faith Based Housing, Transitional housing (Opened 8 Park Model Homes housing 20
individuals)
. FL Dia2Dostic & Learninl! Resource: Service, Youth with disabilities (6261yr), Outreach System
. FL Lutheran Ministries: Service & Housin~, Youth emenrencv shelter (5101vr) 24 beds in Lee County
. Guadalupe Family Center: Service, Childcare, supportive services (5,OOOIyr), food, clothes pantry, shower
room, Immokalee Outreach
. Guadalupe Social Services: Service, Food, supportive services, rent assistance, RX, legal, mental
health, education, Immokalee Outreach (5,0001vr)
. Habitat for Humanitv: Housing, (lOO/yr/3 bdrm), in Immokalee and Naples.
. Harry Chapin Food Bank: Service, Food pantry
. Immokalee Child Care: Service, Childcare (lOOIvr), Immokalee Outreach
. lmmokalee Friendship House: Service & Housing, Emergency shelter (44 beds, 6 cribs), food, supportive
services, Immokalee Outreach
. lmmokalee Multicultural Multipurpose Community Action Agency: Services including job training,
placement, rent & utility assistance and other support services
. Immokalee Non-Profit Housin2: Housing., Immokalee Outreach
. Intellitran: Service, Transoortation for disabled (125,000 trioslvr), lmmokalee Outreach
. Joe Logsdon AIDS Foundation: Support groups, advocacy, food bank, counseling, transportation assistance,
massage therapy, acuouncture (120/yr)
. Literacy Volunteers: Service - Education (l21/yr)
. Lorenzo Walker Vo-Tecb: Service, Education (5,800/yr), Inunokalee Outreach
. Maverick House: Service & Housing - Male substance abuse treatment (12 beds)
. NAMl: Service, Mental health, RX (l,300-1,500/yr), Provide support grOUOS for individuals and families
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03 CoC C
rd ed A r ti
20 OnsOlat ~ppj lca on
( 480/vr)
. Naples Community Hospital: Service, Health, mental health, Health Care System
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. Nei2hborhood Health Clinic: Service, Health, RX
. PACE Center for Girls: Service, Youth, education, mental health (701yr), Immokalee Outreach
. Redland=s Christian Migrant Service: Childcare, education, Immokalee Outreach, Association (980/yr),
Charter School, serves K-5
. SAL TrrRIAD: Service, Elderly, Outreach
.
. Salvation Army: Service & Housing, Transitional Housing (35 beds), food, childcare capacity (49/yr), support
services, rental assistance, utility assistance, clothing, furniture, RX
. Shelter for Abused Women: Service & Housing, Emergency shelter (40 emergency beds and 20 transitional
beds), hotline, mental health, food, legal, supportive service, Elders, rental and utility assistance, relocation,
furniture, clothing, housing advocacy, Court Outreach, Children Outreach, Immoka/ee Outreach, (7,000/yr)
. Sr. Connections: Service, Elderly, food, Outreach, (meals on wheels) (360/yr)
. Sr. Friendship Center: Service, Elderly Health, dental (l,5001yr), vision, psychiatric, orthopedic and
dermatology
. St. Matthews House: Service & Housing, Emergency shelter (122 beds), food, supportive services, rent/utility
assistance, RX, clothing, furniture, Outreach
. St. Vincent De Paul Society: Service, Rent & emergency assistance, Elderly & disabled food (meals on
wheels), clothing, furniture, gas vouchers.
. Sunlight Home: Service, Housing & Emergency shelter for pregnant women (6 beds), food., supportive
services
. Veterans Homeless Outreach: Government Service, Vets, transportation, housing, mental health, health
(701vr), Outreach
. WINGS: Service, Housing Adult female substance abusers and providing treatment (8 beds)
. Wolfe Apartments: Service, Permanent Housing for residents transitioning out of emergency shelter (46 beds)
. Youth Haven: Service, Child Care, infant emergency foster care, (NOTE: CLOSED 25 beds for youth in
2000)
Senices Planned: Connection to existing services will be significantly enhanced in time with the advent of a more
efficient and computerized HMlS system as an adjunct to connecting those in need to appropriate services.
How Persons Access/Receive Assistance: Homeless persons learn about community emergency resources primarily
through referrals through social service agencies. In some cases, homeless persons are also referred to services by local
faith based communities and local law enforcement agencies. In the later case, law enforcement personnel may bring
them directly to services. Some services provide transportation to their facility. Services are open to all homeless
populations.
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4.1.1 CHALLENGE GRANT PROJECT SUMMARY
Challenge Grant Activities: The Collier County Continuum of Care Challenge Grant funds requested herein will
be utilized to provide direct services to the homeless and at-risk ofhomelessness populations in Collier County. The
activities proposed will provide funds for the Collier County Hunger & Homeless Coalition to implement its
Homeless Management Information System through the hiring of a systems administrator and fInal hardware and
software purchases. This request is for $82.500 and is the only project that should be funded at this level.
The Coalition is also requesting funds to assist in the provision of direct assistance to homeless individuals through
its outreach activities held in conjunction with the Point-in- Time survey and at other times during the year in Naples
and Immokalee. The remaining three (3) requests are from organizations that serve homeless clients in both Naples
and lmmokalee and need additional funds to purchase food for clients. The changes in tlie economy have created an
urgent need for more food for these programs.
These activities are individually described below as well as in the Grant Proposed Activity Reference Table 4.a.
These projects. as well as HMIS, would befunded at the $137.500 level.
4.1 The Homeless Management Information System (HMIS) Project oftbe Collier County Hunger &
Homeless Coalition (CCHHC): ($82,500) The CCHHC is the umbrella organization and lead agency who
will coordinate the HMIS system as well as providing a systems administrator who will be available to each
participating agency to provide on-going training and technical assistance. The CCHHC was awarded
Community Development Block Grant (CDBG) funds for HMlS and has also applied to the U.S.
Department of Housing and Urban Development through the Continuum of Care process. However,
CDBG funds cannot be used for personnel expenses and the implementation time frame for HMIS
necessitates that system be in place prior to dispersal ofHUD funds, therefore 2004 Challenge Grant
funding will be critical to meeting the deadlines imposed by HUD.
The homeless population served will be all homeless and at-risk ofhomelessness individuals in the county.
The grant term outcome will be the hiring of a systems administrator and choice of software vendor. Long-
term projected outcomes will be full participation of all individuals and homeless service providers in the
access and use of the HMIS in Collier County.
4.2 The Collier County Hunger & Homeless Coalition: ($5,000) The Coalition also has as part of its mission
a goal to provide community awareness of the issues of homelessness as well as the provision of limited,
direct assistance to homeless individuals. For the past three (3) years the Coalition has conducted a face-to-
face Point-in- Time survey. This past spring, a 'Get-Help' clinic event was added to the survey activity held
in both Naples and lmmokalee. These clinics were a collaborative effort between multiple agencies and
provided homeless individuals with medical and mental health assessments, treatment and referrals; food;
clothing and assistance with shelter. Homeless individuals were also provided with hygiene and frrst-aid
kits as well as laminated cards in English and Spanish listing available services. All of this was provided
free of charge. The Coalition must raise the funds each year to continue to provide these services and
programs to the homeless in Collier County. One of the Continuum's stated goals is to provide the 'Get-
Help' clinic more frequently; therefore additional funding must be secured.
The homeless population served will be all homeless and at-risk ofhomelessness individuals in the county.
The grant term outcome will be the purchase of supplies necessary to carry out the activities. Long-term
projected outcomes will be the successful distribution of supplies and other outreach materials to homeless
persons at all events and to gain increased community awareness of homelessness through participation in
events
4.3 Catholic Charities: Catholic Charities ofColIier County is a member in good standing of the CCHHC and
an active participant in the Continuum of Care process. The mission of Catholic Charities is to fight
poverty, strengthen families and build communities. This organization serves over 20,000 people of varied
ethnic, cultural and religious backgrounds each year. The majority of these are below poverty level,
homeless or at risk for homelessness.
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Catholic Charities provides a wide variety of established and effective services such as emergency and
direct assistance, prescription assistance, family counseling, elderly outreach, and many more. Programs
are designed to assist clients in becoming self-sufficient. Catholic Charities is a COA accredited 501 (c)
(3) non-profit faith-based organization. Post-service client satisfaction surveys are used to conduct
continuous quality improvement. .
Between December 1,2002 and June 30, 2003, Catholic Charities served an average of over 300 clients
monthly through the food pantry. Demand has increased to the point that expenditures for food purchases
have more than doubled on a monthly basis. Catholic Charities of Collier County is requesting the amount
of $18, 750 to be utilized to purchase food items at the most economical bulk rate available to distribute to
Food Pantry clients.
Catholic Charities estimates the total number of people who could benefit from this funding for the Food
Pantry program is a maximum of 1,172 individuals during the grant term. The grant term outcome is the
distribution of food to 95% of clients in the target population or 1,113 individuals. Long-term projected
outcomes will be through various means to include monthly peer reviews; monthly progress reports
submitted to the lead agency and client satisfaction surveys.
4.4 Guadalupe Center: Food ($18,750). The Guadalupe Center of Immokalee is proposing to receive funds to
aid the soup kitchen program and feed hot meals to individuals who are hungry and/or homeless. The
funds will be used to provide
Guadalupe Center's licensed soup kitchen with meat, pasta, seasonings, vegetables, fruits, bread, butter,
beverages and milk to adults and children. The soup kitchen will serve an average of 240 Immokalee
youths and adults a day, ten (l0) percent of whom are children under thirteen (13) years old.
A survey will be conducted to determine the long-term performance outcomes. The goal is to have eighty
(80) percent or more of the hungry and homeless population indicate that their Jives have been improved in
some way by services offered by The Guadalupe Center of Immokalee including soup kitchen meals,
clothing and shower facilities.
4.5 Shelter for Abused Women: Food ($12,500). The Shelter for Abused Women & Children (SA WCe) is
the only state certified domestic violence shelter in Collier County, serving over 7,000 victims of abuse and
their children annually through residential and non-residential treatment and outreach services. The grant
request of$12,5oo will be used to pay for fresh food and staples for the Shelter's residents, approximately
half of whom are children. Last year, the Shelter housed nearly 450 women and children. Some of the
items we provided free of charge for the residents of this 60-bed facility include: meat and fresh
vegetables; staples such as rice, beans, pasta, cheese, pasta sauce, soup, peanut butter and jelly; as well as
such hygiene products as laundry detergent, diapers and other paper products. While some foods, such as
breads and baked goods, are donated to the Shelter by local stores, most of the above items are purchased
by the Shelter for the direct use of its residents, as well as for some non-resident victims of domestic
violence who are lacking resources and who contact the Shelter for certain of these provisions.
The Shelter will measure the successful completion of activities by the number of women and children
served. Over the period of the grant, SA WCC estimates it will have provided shelter and food for 225
women and children. SA WCC will also measure outcomes via client satisfaction surveys, which are
conducted regularly.
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5. Quality of Services
The Collier County H & H Coalition is comprised of 56 various agencies serving all of Collier County who
collectively support the mission of the coalition, which is "to support the planning, delivery and
coordination of high quality services to the hungry and homeless of Collier County".
I. Continuum Governance Structure
The Collier County 2003-2004 Homeless Continuum of Care (CoC) covers all jurisdictions in Collier
County Florida including Naples, Everglades City and Marco Island as well as the unincorporated areas
including Immokalee and Copeland. The Lead Agency, the Collier County Board of Commissioners has
primary responsibility for the CoC grant planning, application and administration of awarded projects.
Participation in these efforts across the community include formerly homeless mdividuals and veterans as
well as representatives of government from Collier County Department of Financial Administration and
Housing, Collier County Human Services and the City of Naples Planning Department as well as the
county Sheritrs department. Other continuum participants are nonprofit and for-profit organizations,
veteran's service organization, housing organizations, businesses and local foundations.
The Coalition has subcommittees for the following areas: Steering, case management, legislative, grants,
Continuum of Care, HMIS and homeless awareness.
Attached in the appendices is the meeting schedule for the Coalition and Continuum of Care for 2002-2003.
2. Decision Making Process
At the September 2002 meeting of the Collier County Hunger and Homeless Coalition it was announced
that agencies should begin to develop their plans for housing and support services for the next round of
Continuum of Care funding. The membership of the Hunger and Homeless Coalition was reminded at each
monthly meeting about the Continuum process and how their individual agencies could participate.
A consultant was hired to provide a series of training sessions called CoC 101. These were well attended
and prepared applicants for the upcoming application process.
In the 2003 cycle a separate grant application review committee was established to review the proposals.
In 2002 it was determined that the CoC steering committee would review and rank the applications with
each agency on the CoC steering committee having one vote. The rating criteria was the same as in 200 I
and included leveraged resources, project feasibility, collaboration and organizational capacity. See the
attached ranking sheet for 2003.
Each agency was asked to provide a presentation to the steering committee. There is then an opportunity
for questions and answers with each agency representative completing a ranking sheet. Upon completion
of the presentations each agency will cast their vote to rank the three proposals. The ranking criteria were
as follows:
· Evaluation Component: Has the applicant taken a comprehensive and critical look at the program,
assessed what was learned and made appropriate program adjustments? (10 points)
. Explicit link to NOF A Goals: (I 0 points)
. Leveraged Resources: Has the applicant demonstrated that it has gathered resources over and
above the money requested from HUD? .(30 points)
· Collaboration: Has the applicant demonstrated how the programlhousing activity is related to
other activities/strategies taking place in the community and will work in coordination with other
providers/programslhousing? (20 points)
· Relative Impact on Percent of Homeless Population Served: Percentage of people affected relative
to the overall homeless sub-population targeted. (5 points)
· Project Feasibility: Is it likely that funding will result in completion of the project? (5 points)
· Accessibility of Project: Where services are located and how available to homeless populations
targeted. (5 points)
· Knowledge of Target Population: Ability to document the needs of the homeless and coordinate
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services to meet those needs. (5 points)
. Organizational Capacity: Does the applicant have access to staffing and administrative resources
necessary to successfully implement the planned activities and manage the grant properly? (10
points)
In addition, the Review Committee determined that renewals would be examined under the APR
information provided to HUD to determine if the project is being operated in an effective manner,
performing satisfactorily, and addressing the need(s) for which the project was funded.
Each member of the Review Committee had one vote. After applicant presentations, each voting member
completed a scoring sheet. A tally of the votes determined fmal ranking.
There were no complaints received regarding this CoC process.
All meetings are announced at monthly Coalition meetings and faxed to all member agencies and are open
to anyone interested in attending. The Coalition maintains minutes of all meetings; as well as each
committee maintains separate meeting minutes.
3. Evaluation of Services
The continuum has adopted a standard customer quality satisfaction survey and evaluation tool developed by
the Case Management Committee for use in all components of the CoCo In fulfilling our mission for the
delivery of high quality services the Coalition determined that a coalition wide customer satisfaction survey
would be developed in the next 90 days with the input of each agencies continuum's next step is to compile the
data for use in the on-going CoC process development as well as to ensure that maximum high quality services
are the standard of each Coalition member.
4. Performance Measurement
The continuum has established written measures of performance for each component of its CoC for the
reporting period ending June 20, 2003 based upon performance measurements and goals that were established
in the 2003 CoC Exhibit I submittal.
5. Participating Parties in the Continuum Planning
The continuum has participation of all of these entities, but not at every meeting. The CoC met its goal to
obtain active participation by a member of the regional workforce board. the hospital, the school district, and
the information and referral services provider. The Coalition Coordinator will be proactive in meeting with
each of these target members to educate them about the continuum as well as the Coalition and gain their
membership.
Throughout the year, the Coalition holds monthly meetings, which integrate countywide homeless assistance
programs and hosts' periodic public awareness projects, which broaden support. The other entities listed have
all been consistently participating in the continuum and with designated representatives. They have attended at
least half of the meetings. Currently, the continuum has no formal memoranda of agreement, but it does have
an understanding of the level and scope of participation expected from each entity involved.
6. Serving the Homeless in Emergencies
Each member agency has emergency plans in place for its' clients and works with one another as well as the
Collier County Department of Emergency Services to address and plan for natural disasters. The County's
newly hired Emergency Services manager will be the guest speaker at the October Coalition General Meeting.
Currently County emergency shelters and other types of housing for homeless residents are not designated as
hurricane shelters with one exception being Immokalee Friendship House, which is located sufficiently inland.
Homeless housing service providers are encouraged to go to a proper shelter during hurricane warnings
applicable to their location. Outreach workers and local police and sherifrs officers get the word out to the
street and camps and provide transportation. A list of the current designated shelters can be found in the front
oflocal phone books.
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7. Training
Several training sessions for provider organizations and Coalition members are provided during the year.
In conjW1ctioll with the monthly Collier County Hunger & Homeless Coalition meetings, guest speakers are
always attending to train and educate the members on a current topic or issue. A major training session is held
each year in conjunction with the HUD Continuum of Care Grant application period. This year the Coalition
sponsored a series of Continuum 101 training sessions for the Coalition members and the public to learn about
the grant. These were held in November & December 2002 and January 2003.
The Coalition has a record of all training sessions held and who attended.
8. Statewide Initiatives
These are issues the Continuum will need to address during the next year.
9. Standards of Care
The continuum's Case Management Committee worked diligently to put together a Standards of Care book that
will be adopted as a Continuum wide standard of care policy. The CoC plans to share this book with all
Continuums through the Florida Coalition on Homelessness.
10. Mainstream Program Benefits
As a small community in which all providers know one another and currently refer clients to one another to
maximize their access to benefits, the continuum has adopted a written strategy as part of its Standards of Care
book.
II. Point-in- Time Survey
The CoC has conducted a survey for the last two consecutive years to define the homeless population in Collier
County. (A copy of the 2003 survey instrument is attached). Team Leader orientation for the survey was held
on February 5, 2003. A general orientation for all volunteers was held on February 5 and 7, 2003. The survey
itself was conducted for 36 hours commencing at 6:30 a.m., February 21, 2003and ending at 4:30 p.m. on
February 22, 2003.
All individuals surveyed were provided a laminated card listing local service agencies in Collier County and a
hygiene pack.
The survey was conducted at local shelters, at labor pools, in camps and flophouses, as well as on the street.
12. New or Expanded CoC Catchment Areas
Not applicable
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EXHIBIT 3
QUALITY OF SERVICE: CERTIFICATION BY LEAD AGENCY
For the reporting period beginning July 1, 2002 and ending June 30, 2003, the following statements are true and
accurate for our continuum of care and that all evidence and documentation to support these claims are maintaine
on file with the lead agency. '
Quality of Service Indicators
1, Continuum Governance Structure
a. Has the coe formally created a governance structure or decision making body?
'I Yes No _
b. Does the governance body consist of members from each of the following four sectors: private
business, local government, homeless or formerly homeless persons, and religious or faith-based
organizations?
x Yes No
c. Are there written policies and procedures that define the composition and structure of the governance
structure, including the process to ,x.cruit and select its members?
Yes No
d. Does the governance body h~e written policies and procedures to guide its decision making?
Yes No
e. Has the governance body met\.'Y least once during each quarter of the reporting period?
~ Yes No
2. Decision Making Process
a. Does the continuum have adopted, written procedures, and selection criteria, to guide the process of
selecting activities or projects to be considered for funding allocations?
. '1...... Yes No
b. Is there a formal, written proc~pted whereby decisions of the governance body or continuum
may be appealed? \J
~ Yes No
c. Does the continuum operate "in the sunshine," noticing meetings to all interested parties and allowing
public access to all meetings? 'J
~ Yes No
d. Does the governance body or the continuum maintain written minutes or an equivalent record of
actions taken by the body at a~eetingS?
Yes No
3. Evaluation of Services
a. Has the continuum adopted a standard customer satisfaction survey, quality assurance standard, or
other evaluation tool for use in{l}1 components of the continuum of care?
~ Yes No
b. Have all of the participating agencies in the continuum used the standard customer satisfaction survey,
or quality assurance standard'l
~ Yes No
c. Were the survey responses, or quality assurance reviews analyzed and compiled into a written
summary report to the lead agency?
Yes L No
d. Did the continuum or its governance body adopt recommendations or implemented actions as a result
of the review of the survey responses, or quality as~nce reviews?
Yes ' No
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4. Performance Measurement
a. Has the continuum adopted written measures of performance for each component of its continuum 0
care?
" Yes - No
b. Does the continuum apply th~ormance measures to all agencies participating in the continuun
~ Yes . No
c. Have all the agencies reported their performance using the adopted measures during the reporting
period? V
Yes ~ No
d. Has the continuum adopted any recommendations or implemented-actions as a result of the
performance measurement during the reporting per'ie,d?
Yes -A- No
5. Participating Parties in the Continuum Planning
a. Have all of the following entities participated in at least one planning session, or served on a planning
committee, or submitted written comments in the planning process for developing your continuum of
care plan?
x
Yes
No
(1) public housing authority
(2) community mental health provider
(3) regional workforce board
(4) law enforcement agency
(5) hospital
(6) local school district
(7) veterans service agency
(8) county health department
(9) primary health care provider
(1 O)public defender's office
(11 )substance abuse service provider
(12)information and referral services provider
b. Has there been a fixed representative designated by each and every one of the above entities to work
with the continuum?
Yes l No
c. Have all twelve designated representatives attended at least half of the continuum's planning meetings
during the reporting period? y
Yes ~ No
d. Does the continuum have in place memoranda of agreement or other formal relationships with all of the
above entities to guide information sharing among~ participating parties?
Yes No
6. Serving the Homeless in Emergencies
a. Has the continuum adopted written plans for responding to the needs of homeless persons during
emergencies, including cold ~ther, heat waves, tropical storms and hurricanes?
A-- Yes No
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b. Does the continuum's plan provide for sheltering of all homeless people reasonably likely to need an
seek shelter during the emerg.~y event?
Yes No
c. Does the continuum's plan address how all segments of the homeless population are to be transport,
to the emergency shelter when the emergency exi~s]
Yes ~ No
d. Has the continuum's adopted plan been adopted by the local government emergency management
agency as part of the community's emergency man~ment plan?
Yes ~ No
7. Training
a. Did the continuum provide or facilitate training targeted to the direct or line service workers of
participating agencies on se~~provision to the homeless?
Yes No
b. Did the continuum maintain a regular or fixed calendar of training sessions, noticed to all participating
agencies, for the reporting per~?
~ Yes No
a. Has the continuum adopted a written plan to address the availability of housing for and referral to such
housing of sexual offenders discharged from correctional facilities into the catchment area of the
continuum? ~
Yes No
b. Has the continuum succeeded in carrying out its trategy for ending chronic homeless ness, as detailed
in its 2002 COC plan narrative? ~
Yes No
c. Has the continuum established formal, adopted p ocedures to ensure that the local homeless
management information system will be linked to ttV-1-1 information and referral phone system?
Yes ~ No
8. Statewide Initiatives
9. Standards of Care
a. Has the continuum adopted written standards of care to specifically address the provision of
emergency shelter? y
~ Yes No
b. Has the continuum adopted written standards of care to specifically address the provision of transitional
housing? V
~ Yes No
c. Has the continuum adopted written standards of care to specifically address the provision of permanent
supportive housing? \)
~ Yes No
d. Has the continuum adopted written standards of care to specifically address the provision of supportive
services? y
~ Yes No
e. Has the continuum adopted written standards of care to specifically address the provision of horn eless
prevention services? 'I..
--fl--- Yes No
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Has the continuum adopted written standards of care to specifically address the provision of outreact
related services? V
~ Yes No
g. Has the continuum adopted written standards of care to specifically address the provision of aftercare
or follow-up services for p;,~ leaving continuum of care facilities?
Yes . No
h. Has the continuum adopte written standards for the collection and sharing of information, including
confidentiality of clients and s~J1ity of information?
~ Yes No
Has the continuum adopted written standards to address the rights of homeless clients, including
terminations, evictions, and g~nces?
~ Yes No
Has the continuum adopt7ten standards to address the provision of case management services?
Yes No
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10. Mainstream Program Benefits
a. Has the continuum adopted a written strategy to identify homeless persons who are eligible for
"mainstream" supportive service programs, including food stamps, Medicaid, SSI, and Temporary
Assistance for Needy Famili~j
~ Yes No
b. Has the continuum adopted written procedures to assist the homeless in enrolling in these
"mainstream" programs? \.J
~ Yes No
c. Has the continuum adopted a written strategy to ensure the homeless receive the assistance from each
program in which they are en~I~?
~ Yes No
d. Does the continuum collect and maintain data on the number of homeless persons enrolled in and
receiving assistance from each of the "mainstrea5\rograms?
Yes No
11. Point-In-Time Survey
a. Has the continuum conducted within the period of July 1, 2001 and June 30, 2003, a point-in-time
survey to define the homele:><JUlatiOn within its catchment area?
Yes No
b. Did the continuum use the s andardized point-in-time survey instruments endorsed by the Council on
Homelessness in September .(092?
~ Yes No
c. Does the continuum have a written policy adopted, which will require conducting point-in-time surveys
no less frequently than every~.years?
Yes No
d. Did the continuum administer the point-in-time survey at all local homeless provider agencies in its
catchment area? 'J
~ Yes No
e. Did the continuum administer the point-in-time survey in a manner to capture a count of those pe rsons
who may not be sheltered, or being served by agencies (i.e., those on the street, living in outdoor
locations, cars or other vehicl~ 9r doubled up living with families or friends)?
~ Ves No
Does the continuum provide training and instruction to those carrying out the survey on the proper
methods to be used?
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12. New or Expanded COC Catchment Areas
a. Is this application submitted on behalf of a continuum of care, whose catchment area was not
designated by the Office on Homelessness as a designated continuum in the FY 2003 Challenge Gra
application instructions? V
Yes A- No
-OR-
b. (1) Has the catchment area of the continuum been expanded to include at least one additional county
since the designation of the continuum's catchment area in FY- 2003 by the Office on
Homelessness? ~
Yes No
(2) Does the $137,500 budget for this Challenge rant include funding activities or uses within the
new county(s) added to the catchment area? y
Yes ~ No
Lead Agency Certification
Name of Continuum of Care:
Name of Lead Agency: U .
Name of Certifying Officia~~S<~
Signature of Certifying Officia~ _
Date Signed: 4"1.""\-'~) ~OQ3
FAILURE TO PROVIDE AN ORIGINAL SIGNED CERTIFICATION FOR QUALITY OF SERVICE, SHALL BE
CAUSE FOR THE APPLICATION TO BE RANKED LAST ON THE QUALITY SERVICES PREFERENCE
CRITERIA.
I hereby attest that the above statements are true and accurate, based upon evidence and documentation on file
with this lead agency on behalf of our continuum of care.
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6.1.1 EXHIBIT 4
LEVERAGED FUNDING
PrOgram
I. Homeless Veterans Reintegration
2. Health Care for the Homeless
3. PATH
A. McKinney-Vento Homeless Assistance Act Grant
Grant
Amount
$
$
$102,000
4. Education for Homeless Children
5. Emergency Shelter Grant
6. Shelter Plus Care
7. Supportive Housing Program
8. Supportive Housing Program
9. Section 8 Moderate Rehab., SRO
10. Emergency Food & Shelter
TOTAL GRANTS
$48,450
$200,000
$
$339,000
$227,000
$
$46,546
B. Private Cash for Services to Homeless Persons
$962,996
Participating. Continuum Agency
I. Guadalupe Center
2. Shelter for Abused Women
3. Catholic Charities
TOTAL PRIVATE MONEY
TOTALLEVERAGECLA~D
A. McKinney Act Grants
B. Private Money
TOTAL LEVERAGE
Cash Received
$600,000
$875,000
$] 09,643
$1.584,643
$962,996
$L584.643
$2.547.639
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Grant A ward
#/Reference
Date of Grantor
Executed A ward Letter
93-150 RSA#SM-03-F2
07/0 I/03
IIO-BI273 . 02/07/03
HFL08 08/06/02
FLl4B20-6002 4/28/03
FLl4B20-6001 4/24/03
LRO-1590-00 4/22/03
Source Documentation
Letter of Certification
Letter of Certification
Letter of Certification
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Lead Agency Certification:
I hereby attest that the above sources of grant and private money claimed as leverage for this Challenge Grant
application, is true and accurate, and that the lead agency has documented the receipt of the grant award(s) and
private money leveraged by their continuum of care.
Name of Lead Agency: Collier County Board of Commissioners
Name of Certifying Official: Jim Mudd
TitlelPosition: County Manager
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Signature of Certifying Official:
Date Signed: September 8. 2003
Leverage Ratio Calculation:
$2.547.639
-;- 251.377
= $10.135/1000 population
Total Leverage Claimed
-;- Population of Catchment Area
= Ratio
Divide the total leverage claimed by the total population of the catchment area, rounded to the nearest 1000
population, to calculate a leverage ratio expressed in dollars and cents per every 1000 population of the
catchment area.
NOTES:
I. To be eligible to be claimed as leveraged funding the grant award must have been executed, or the private
money received, between the dates of July 1,2002 and June 30, 2003.
2. If more than one grant award was received for a specific McKinney Act grant, use more than one line, reflecting
each grant award separately, specifying the McKinney Act Program for each line used.
FAILURE TO PROVIDE AN ORIGINAL SIGNED CERnFICA nON ON LEVERAGE IN THE GRANT
APPLICA nON SHALL BE CAUSE FOR THE APPLICA nON TO BE RANKED LAST BY THE REVIEW
TEAM ON THE LEVERAGE STATUTORY PREFERENCE CRITERIA.
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EXHIBIT 4 LISTING
A. McKinney-Vento Homeless Assistance Act Grants
1. PATH Grant to the David Lawrence Center
2. Education for Homeless Children to Collier County Public Schools
3. Emergency Shelter Grant to Shelter for Abused Women & Children
4. Supportive Housing Program Grant to Shelter for Abused Women & Children
5. Supportive Housing Program Grant to St. Matthews HouselWolfe Apts.
6. Emergency Food & Shelter Grant to United Way of Collier County
$102,000
$ 48,450
$200,000
$339,000
$227,000
$ 46,546
B. Private Cash
I. Guadalupe Center
2. Shelter for Abused Women
3. Catholic Charities
Private Donations
Private Donations
Private Donations
$600,000
$875,000
$109,643
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7.1.1
EXHIBIT 10
CERTIFICATION OF ESTIMATED NEED PER CATCHMENT AREA POPULATION
1. From vour Homeless Population and Subpopulation Chart. enter the total estimated needs. expressed in
the number of homeless persons, for both "individuals" and "persons in families with children." Total
tbese two fillures for a total estimated bomeless population.
Homeless Population
A. Individuals
B. Persons in Families with Children
Estimated Need
626 Persons
64 Persons
TOTAL
I 690 I Persons
Using the data from the 2002 Census in Exhibit 5, calculate the population
2. Population of your Catchment Area.
of your catchment area.
County in Catchment Area
A. Collier
B.
C.
2000 Population
251.377
TOTALPOPULATJON I 251,377
3. Calculate your continuum's estimated homeless population per every 1000 population. Divide the total number
of homeless persons by the total population of your catchment area, rounded to the nearest 1000 population.
Divide Total Estimated Need 690 homeless persons by population of catchment area 251.377 to equal 2.749
homeless personsll 000 populations.
NOTE: Round the number of persons to the nearest hundredth of a person.
4. Source of Estimated Need Data.
XX Homeless Population Chart on file with Office on Homelessness as of July 15,2003.
Amended Homeless Population Chart, as attached, with supporting narrative on the methodology
used.
Lead Agency Certification:
I hereby attest and certifY that the above data is true and accurate; that the above data on estimated needs is
based upon a gaps analysis which uses data that (1) represents the housing need for homeless persons in the
catchment area on any given night; (2) is not adjusted through the use of multipliers or other means; (3) is
derived directly from street counts, point-in-time surveys, homeless management infonnation systems, service
provider agency records, or other similar empirical methods; (4) includes only persons who are homeless
according to the operational definition ofhomelessness used by HUD; and, (5) represents an unduplicated count
or estimate to the greatest extent possible; OR that the data reported is based upon an adjusted estimate of
housing needs adopted by the continuum of care, which meets the above five data requirements.
Name of Lead Agency: Collier County Board of Commissioners
Name of Lead Ageo.cy CertifYmg Official: Jim M~dd:~oonty M~~
SIgnature of CertlfYmg OffiCIal: ,~/ '3/ .------" -
.--/
Date Signed: September 8. 2003
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8. PERFORMANCE MEASURES
8.1.1 Collier County Continuum of Care Homeless Cballenge Activity Performance Measure Summary
All activities of the Collier County Continuum 2004 Challenge Grant submission have measurable outcomes. The
reporting point for outcomes of the grant activities, which must be completed by June 30, 2004, is projected for
ninety days following the deadline or such other date as established by the state contract. The grant period and long
term outcomes for Challenge grant activities is shown in Table 8a following.
The Collier County Hunger & Homeless Coalition (CCHHC) will report its success on the HMIS process through
the design ofthe systems administrator position and successful implementation of its H1\1IS project. The CCIllIC
will further report on the success of its outreach activities through the amount of direct assistance provided to
homeless persons, as well as the participation level of the community. Catholic Charities will monitor and report on
their programs through its ability to meet the nutritional needs of an estimated 1,172 homeless clients. Guadalupe
Center will monitor and report on its soup kitchen program through its ability to feed 6,000 homeless individuals.
The Shelter for Abused Women & Children will monitor and report on its program performance through the number
of women and children served, estimated to be 225 during the grant term.
8.1.2
Performance Measures
Performance Outcomes
(ST)
Sbort Term - funded period
Lon Term
ST: $82,500 HMIS system administrator
job design and implementation and
software purchase recommendation
completed
L T: HMIS process participation by all
H&H Coalition members
ST: $5,000 to purchase supplies for
outreach activities including Point-in-
Time Survey, 'Get-Help' clinics and
Holiday Vigil
L T: Items distributed to homeless persons
at all events and increased community
awareness ofhomelessness through
artici ation in events
Catholic Charities Homelessness Supportive ST: $18,750 in food purchased/distributed
Services Program; Food and post-service consumer satisfaction
survey
L T: 95% of 1,172 or 1,113 individuals
assisted throu the food an
ST: $18,750 in food purchased/distributed
and survey
LT: Distribution of20,737 meals through
the sou kitchen
ST: $12,500 in food purchased/distributed
L T: 100% of estimated 225 clients
assisted will have access to transportation
for critical a ointments
Table 8a: CC 2004 Homeless Continuum Cballen e Activi
Activity Number Provider/Activitv
from Project
Summary List
4.1
Collier County Hunger & Homeless
Coalition Homeless Mgmt. Information
System (HMIS), System Personnel and
Hardware/Software Expense
4.2
Collier County Hunger & Homeless
Coalition Outreach Activities
4.3
4.4
Guadalupe Center Homelessness
Emergency Supportive Services Program;
Food
4.5
Shelter for Abused Women & Children,
Homelessness Supportive Services; Food
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Table 9a: Collier Countv Continuum 2004 Abilitv to Comnlete Activities
Task I Activity Notes October Decem ber March June
Cate20rv
Identification of
Homeless Individuals
CC H&H Coalition N/A
CC H&H Coalition N/A
Catholic Charities Current
Clientele
Guadalupe Center Current
Clientele -
Shelter for Abused Current
Women Clientele
Task I Activity Notes October December Marcb Jnne
Cateeorv
Selection of Providers
CC H&H Coalition N/A Software vendor Sign Hire Systems HMIS
HMIS presentations contract Administrator implementation
taking place in with vendor in progress -
OctoberlNovember completion in
August
CC H&H Coalition N/A Determine Purchase Determine Purchase
Outreach amounts of supplies for amounts of supplies for 2nd
supplies needed Candlelight supplies 'Get-Help'
Vigil and needed clinic
Point-in-
Time-
Survey/'Get-
Help' clinic
Catholic Charities Existing
contacts
Guadalupe Center Existing
contacts
Shelter for Abused Existing
Women contacts
Task I Activity Notes September- December March June
Cate20ry October
Al!reement with Subrecipient
Collier County BCC contracts
will be
drawn once
Challenge
Grant
Contract is
negotiated
with DCF
CC H&H Coalition "
CC H&H Coalition "
Catholic Charities "
Guadalupe Center "
Shelter for Abused "
22
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Women & Children
----- --
Task I Activity Notes September- December March June
Catee:orv October
Supplier Contracts
CC H&H Coalition To Be
Determined
CC H&H Coalition To Be
Determined
Catholic Charities Existing PO
Guadalupe Center Existing PO .
Shelter for Abused Existing PO
Women
Task I Activity Notes September- December March June
Catee:orv October
Draw Down Schedule
CC H&H Coalition X X X
CC H&H Coalition X X X
Catholic Charities X X X
Guadalupe Center X X X
Shelter for Abused X X X
Women & Children
Task I Activity Notes September- December March June
Catee:orv October
Gather. ReDort Final Report 151 Interim 2nd Interim
Outcomes Not later Report Not Report Not
than 9/1I04 Later than Later than
3/30/04 6/30/04
CC H&H Coalition " " "
CC H&H Coalition " " "
Catholic Charities " " "
Guadalupe Center " " "
Shelter for Abused " " "
Women & Children
23
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APPENDICES
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2003 CoC Consolidated Application
4.
Continuum of Care:
Current
Inventory in
2003
Under
Development in
2003
Unmet Need!
Gap
Individuals
Beds
100
40
26
144
20
22
186
o
33
33
66
1%
135
95
426
Emer2encv Shelter 86 0 117
Beds Transitional Housiru! 67 12 109
Permanent Supportive Housin~ 0 12 34
Total 153 24 260
Persons in Families With Children
C
fC
H
p
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I .
Ch
ontmuum 0 are: orne ess opu a Ion an u mopu atlOns art
Part 1: Homeless POllulation Sheltered Unsheltered Total
EmeJ"l!encv Transitional
ExamDle: 75 (A) 125 (A) 105 (N) 305
1. Homeless Individuals 218 14 394 626
2. Homeless Families with Children 20 4 0 24
2a. Persons in Homeless Families 53 11 0 64
wi th Children
271 25 394 690
Total (lines I + 18)
Part 2: Homeless Subpopulations Sheltered UnsheJtered Total
1. Clrronically Homeless 31 95 126
2. Seriouslv Mentally ill 30
3. Clrronic Substance Abuse 89
4. Veterans 37
5. Persons with HIV/AIDS 3
6. Victims of Domestic Violence 33
7. Youth 44
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2003 CoC Consolidated Application
Co List the dates and main topics of your CoC planning meetings held since June 20Q2, which should dcmonstr.Q!e thai tfl~~
m.:eiill~s {hoth plenary and ("(Immitl..:'l') (Ir~: (1) regularly schedul~ (2theld year round; and (3) not solely focused on
developing an application in response to the NOF A.
Coalition SteerinlJ Committee neral em en in eetinn
Date of Meeting Topic of Meeting
June 4, 2002 Collier County Hunger & Homeless Coalition Steering Committee: Coordinator position
(job description) approved for advertisement Officers were elected. 2002 CoC application
status. Confinned there would be no JulJ meeting, instead BUD is presenting an HMIS
technical assistance workshop on July 9 at Sl Matthews Ho.use. Six (6) agencies were
represented.
June 4, 2002 Collier Countv Huneer & Homeless Coalition General MembershiD Meeting: Report of
Steering Committee given, Continuum of Care report presented and status of coordinator
position for the Coalition. Discussed the formation of a formal HMIS committee; discussed
the scheduling of CoC 101 training seminar in September, discussion regarding asking the
County to become Lead Agency. Twenty-five (25) agencies were represented.
August 6, 2002 Collier County Hunger & Homeless Coalition Steering Committee: COC discussed the
frequency of cae Committee meetings. Discussion of the State Challenge Grant
application. Selection of applicants for Coordinator position was narrowed. Six (6) agencies
were represented.
August 6, 2002 Collier County Hunger & Homeless Coalition General Membershit> Meeting: Fonning of the
HMIS committee; Discussion of the State HAG grant; HUD presentation on "The Heartbeat
of Rural Florida; Further regarding the County becoming COC Lead Agency; additional
outreach and community involvement in Coe. Legislative and Grant Committee reports
presented. Twenty-one (21) agencies were represented 8-6-02.
September 3, Collier County Huneer & Homeless Coalition Steering Committee: Newly hired Coalition
2002 Coordinator introduced. Development of legislative committee; expansion of membership to
include business leaders; developers and healthcare providers, Collier County Sheriff's
Office; formation of a grants committee; divided the Homeless Count committee into two,
one to focus on preparing for the 'Point-in-Time' Survey and one to focus on Homeless
Awareness; filling of Coalition Vice-Chair position. Six (6) agencies were represented.
September 3, Collier County Hunger & Homeless Coalition General Membership Meetin~: Newly hired
2002 Coalition Coordinator introduced to Coalition membership; Upcoming HMIS meeting will
have Dr. Lounsbury and Richard Faris as speakers; Submitted State Challenge Grant
application with 10 agencies submitting projects for total of $250,000 and State HAG for
$745,500; Homeless Count committee decided to appoint co-chairs, one in Naples and one
in 1mmokalee, to better represent the dichotomy of each community; CDBG application
deadlines announced. Legislative and Grant Committee reports presented. Nineteen (19)
agencies were represented.
October 1, 2002 Collier County Hunger & Homeless Coalition Steering- Committee: Review of last H1\.1IS
committee meeting and announcement of upcoming meetings with software providers;
discussion of Lead Agency (pros and cons) letter from Collier County F AH; Vice-Chair
elected; establishment of P.O. Box for H&H; CCPS Homeless Liaison. Seven (7) agencies
were represented.
October 1, 2002 Collier County Hunger & Homeless Coalition General Membership Meeting: HMIS
Listserv; CoC 101 Workshop in Nov. (paid by a grant from the CFCC); Establishingjoint
county committee meeting on Chronic Homelessness; Homeless Awareness Committee
announced 11117-23 National Homeless Week; Homeless Count committee forming fIrst
meeting; Guest Speaker: Dr. Beth Garris-Hardy from SERVE presented on Homeless
Children. Legislative and Grant Committee reports presented. Twenty (20) agencies were
represented.
c. Table of Collier Countv Hun2er and Homeless Coalition Steerin2 Committee and
& Ge M b b' M'
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003 CaC Cansolidated Application.
Date of Meeting Topic of Meeting
Navember 5, Callier County Hunger & Hameless Caalitian Steering Cammittee: Clarificatian of David
2002 Lawrence Center as a member af Steering Cammittee; State HAG grant awarded far
$745,500 far First Assembly af God Transitianal Hausing program; State Challenge Grant
was nat funded; CC was vated in to' became Cae Lead Agency. Nine (9) agencies were
represented
Navember 5, Callier Cauntv Hung:er & Hameless Coalitian General Membershio Meeting: Faur new
2002 member agencies annaunced; new member af Steering Committee; Case management new
co-chairs annaunced; Coalitian Chair and Coordinatar conducted twO' (Naples and
Immakalee) hameless client focus groups to' determine the additianal service needs af
clients. Legislative and Grant Cammittee reports presented. Legislative and Grant
Cammittee reports presented. Twenty (20) agencies were represented.
December 3, Callier Caunty Hunger & Hameless Coalitian Steering Committee Meeting: Treasurer's
2002 report was read with the recommendatian that a laptap computer and financial management
software be purchased to' manage Coalitian funds and the State Hausing Assistance grant re-
cap af COC 101 warkshap held an Navember 7th presented with reminder af the two'
additianal warkshaps planned far January. Meeting nates from Navember 2200 SW FL
Coalitian far the Hameless Quarterly meeting reviewed. Discussed the CDBG grant
applicatian far the HMIS project. Applicatian review will take place an December 12th with
recommendatians to' the Callier Caunty BCC in April. Case management committee
members were identified and a first meeting date was established. Hameless Recognitian
Committee Co-Chair reported a proclamatian request from the Caunty Cammissioners was
ready to' be submitted in support afNatianal Hameless Persons' Memarial Dayan December
21 st. Re-cap af Natianal Hunger and Hameless week activities - received gaod local press
coverage. Six (6) agencies were represented.
December 3, Callier Caunty Hunger & Hameless Caalitian General Membership Meeting: Dates were
2002 established far Hameless Count (2121 & 22). Final plans far the Candlelight Vigil (12/19)
were annaunced; Cathalic Charities ED accepting an afficial proclamatian fram the CCBCC
in recagnitian af 'Natianal Hameless Person's Memarial Day'. Annauncement af 'Get Help
Clinic' during Hameless Caunt and co-chairs. Legislative and Grant Committee reports
presented. Twelve (12) agencies were present
January 7th and Collier County Hunger & Hameless Coalitian Steering Cammittee: CaC 101 Warkshaps II
January 14,2003 & III to' take place January 7th instead af General Membership meeting and also an January
28th. Members annaunced at 51. Case management committee met first time an 12/16;
gaals to' have written standards af Care. Approximately 130 people attended the Candlelight
Vigil with good press. Seven (7) agencies were represented.
February 4 2003 Collier Caunty Hunger & Hameless Caalitian Steering: Cammittee Meeting: Discussed the
importance af the COC as a year-round process. Recammendation that COALmON
Steering Cammittee become the COC Cammittee far the next six manths until farmal
leadership established Cansultant from CFCC attended to' gain input and begin
develapment af plan far CaC Strategic Planning Process. D & 0 insurance quate appraved;
Annauncement af upcoming grant writing warkshap with Chris Talcatt-Raberts and Steve
Kirk in March in Immakalee. Approval to' proceed with United Way membership
applicatian. Eight (8) agencies were represented.
February 4, 2003 Callier County Hunger & Hameless Caalition General Membershio Meeting: HMIS Care
group agencies were annaunced. Hameless caunt training warkshaps annaunced; plea far
funding far hygiene kits; new member annaunced bringing tatal to' 52 agencies;
annauncement af new Chranic Homelessness NOF A. Legislative and Grant Committee
reports presented. Legislative and Grant Cammittee reports presented. Twenty-twO' (22)
agencies were represented.
8
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003 CoC Consolidated Application
Date of Meeting Topic of Meeting '"
March 4, 2003 Collier County Hunger & Homeless Coalition Steering Committee Meeting: CoC
Committee met and is reviewing HUD's evaluations of the 2001 and 2002 applications to
detcnnine areas for improvement; Coalition meetings will rotate to Immokalee quarterly;
Application submitted to the Community Foundation of Collier County for CoC Strategic
Planning Consultant; United Way membership application submitted; Results of Homeless
Count announced; HAG contract approved and signed between Coalition and FOG; issue of
membership dues discussed; Opening of second Coalition bank account for grant
administration approved. Eight (8) agencies were represented.
March 4, 2003 Collier Countv Hun~er & Homeless Coalition General Membership Meeting: HMIS Core
group committee report presented; HMIS T A workshops in Sarasota announced; one
additional member announced; Draft Action Plan complete- and available for public
comment; re-cap of Get Help clinics provided (125 individuals served); detailed homeless
count report provided; CCRA ED was guest speaker presenting updated infonnation on
Section 8. Legislative and Grant Committee reports presented. Seventeen (17) agencies
were represented.
April 1,2003 Collier County Hunger & Homeless Coalition Steering Committee Meeting: Review of the
March 4th Grant Writing workshop; COC 2003 preparation - discussed leverage and
mainstream funding, United Way formal interview for Coalition membership has been
requested; First draw-down received for State HAG grant; Received a grant from the CFCC
for COC consultant fees; Issue of membership dues are continuing to be researched; up
coming meetings will experiment with available technology to increase access by members
located outside of Naples proper. Five (5) agencies were represented.
April 1, 2003 Collier County Hunger & Homeless Coalition General Membership Meeting: CoC
preparation discussed and CoC Committee Chair requested additional members to the
committee; requested interest in applying for 2003 CoC funds; Re-cap of HMIS T A
workshop presented; Legislative committee expressed need for membership to contact local
legislators regarding the proposed elimination of some State Homeless funding; SIIIllIIIaJy of
Homeless Count submitted to membership; ED of CBIA was guest speaker spoke about
barriers to affordable housing and raising the level of awareness. Legislative and Grant
Committee reports presented. Eighteen (18) agencies were represented.
May 6, 2003 Collier County Hunger & Homeless Steering Committee Meeting: Announced the Coalition
was approved as a new Collier County United Way agency for 2004 and that the 2003
SuperNOF A has been released, including the COC application and announcement of the
local deadline and process for submitting CoC applications. Discussion of the necessity to
gather Mainstream funding sources for the COC Exlubit I. Announcement that the Steering
Committee approved the CaC Lead Agency agreement. Updates provided on the State
Housing Assistance grant project progress. Thee (3) new agencies presented applications
for Coalition membership. Five (5) agencies represented.
May 6, 2003 Collier County Hun~er & Homeless Coalition Gene:ral Membershiv Meeting: Bill Dillon
from Collier Health Services was guest speaker and presented infonnation on the new not-
for-profit, federally qualified Health Center providing indigent healthcare clinics in Golden
Gate, Marco Island and the Marion E. Fether Medical Center in lmmokalee. CoC and
SuperNOF A updates announced. HMIS project update along with discussion of the Health
and Human Services Consortium and their interest in possibly linking to the HMIS system.
Workforce Housing Workshop update presented as well as information regarding the State
budget with respect to homeless assistance funding. Flyers and registration forms were
passed out regarding the upcoming SW FL Coalition fore the Homeless Annual Conference
being held in Lee County at Florida Gulf Coast University on May 29th and 30th.
Legislative and Grant Committee reports presented. Twenty-four (24) agencies represented.
9
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2003 CoC Consolidated Application'
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ase anapement ommlttee
Date of Meeting Topic of Meeting
December 16,2002 Four (4) members present Familiarize committee members with participating agencies services.
January 21,2003 Seven (7) members present. Discussed compilation of 'best practices' for Collier County service
providers; Collier County Housing Authority (CCHA) did a presentation on housing vouchers
for disabled/elderly; reviewed CCHA Family Self-SufficiencY Program
February 25, 2003 'Three (3) members present. Discussed compilation of intake forms from all service providers in
the CoC to work on the development of a common intake form.
March 10, 2003 Five (5) members present Reviewed compilation of CoC provider intake forms.
April 15, 2003 Four (4) members present. Discussed compilation of all shelters and social service agencies
'best practices' information in preparation of a handbook to be distributed to all Coalition
member agencies in June 2003 as well as to be shared with the FL Coalition for the Homeless.
May 19,2003 Five (5) members present. Final review of documentation gathered and categorized for
inclusion in 2003 'Best Practices' handbook.
June 10. 2003 Meeting scheduled to present "Best Practices' handbook and discuss committee goals for 03-04.
Date of Meetin
July 9,2002
August 27, 2002
September 17, 2002
September 23,2002
October 15,2002
October 29, 2002
November 7, 2002
November 12, 2002
November 19, 2002
November 22, 2002
Ian 7,2003
Feb 11, 2002
February 27,2003
March 19, 2003
April 28, 2003
May 13, 2003
May 19, 2003
June 11,2003
101 training by Aspen Institute
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ATTACHMENT II
GRANT APPLICATION INSTRUCTIONS
(SOLICITATION DOCUMENTATION)
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Re: Grant # HFZ09
Re: Grant # HFZ09
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DEPARTMENT OF CHILDREN & FAMILIES
OFFICE ON HOMELESSNESS
HOMELESS CONTINUUM OF CARE
CHALLENGE GRANTS
CSFA 60.014
FY 2004
APPLICATION INSTRUCTIONS
July 18, 2003
Office on Homelessness
1317 Winewood Boulevard
Tallahassee, FL 32399-0700
850/922-4691
FAX: 850/487.1361
Page 49
Re: Grant # HFZ09
1. Overview
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The Challenge Grants shall be used to assist the local homeless continuum of care lead agency and local providers
implement their written plan for addressing the needs of their homeless populations. These funds may be used for
an array of programs, facilities, and services that are identified in the local continuum of care plan. This may
include, but not limited to, the following types of activities or projects (see section 420,624, FS, for a complete
description of the Continuum):
Homelessness Prevention
Outreach
Emergency Shelter
Supportive Services
Transitional Housing
Permanent Housing
The continuum of care concept and the Challenge Grant program are more fully described in Part VI, Chapter 420,
FS. Lead agencies are directed to review sections 420.621 to 420.626, FS, to find definitions of key terms,
including "homeless" and "continuum of care." This Challenge Grant program is authorized in section 420.622(4).
These state grants require no matching funds. As the source of the state funding is from general revenue, there will
be strict limits on the time available to obligate and expend these dollars. All grants must be obligated by an
executed grant agreement and all grant funded activity or project services should be completed or provided by
June 30, 2004.
All recipients of Challenge Grants shall be required to submit monthly reports on progress and performance until all
grant funded activities are completed. Further, grantees will be expected to capture and report information on the
housing status of all persons at the time they access or first receive services funded by the Challenge Grant.
2. Eligible Applicants
The only entities that may submit an application for the Challenge Grant shall be the lead agencies of the
continuum of care, as designated by the Office on Homelessness for specified catchment areas within the state,
pursuant to section 420,624(6), F.S.
The designation of the lead agencies by the Office on Homelessness has been done in consultation with the U.S.
Department of Housing and Urban Development (HUD), the local homeless coalitions within the state, and those
agencies that were identified as the lead agency in the most recent application for HUD homeless grants. The list
of designated lead agencies by catchment areas is attached in EXHIBIT 1.
Applications shall only be accepted from these lead agencies. Any other applications received from entities not on
the list of designated lead agencies shall be returned, without review, to the entity that submitted it.
3. Maximum Grant
The limit on the grant award to a lead agency shall be $137,500 for FY 2004. This maximum grant shall be
provided only to the top eight ranked applications. All other grants shall be capped at $82,500, until all funding is
obligated.
Applications may be submitted for any amount up to but not exceeding $137,500. The lead agency shall clearly
identify a budget for those uses or activities to be funded and shall list the projects or activities to be funded if the
award is made at the $82,500 level, as well as at the $137,500 maximum grant level.
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4. Number of Applications Accepted
Each designated lead agency shall submit no more than one (1) application in the fiscal year solicitation. If more
than one application is submitted, all applications received from that lead agency shall be rejected and returned to
the lead agency without review.
5. Deadline to Submit Applications
All applications must be received by the Department in the Office on Homelessness , 1317 Winewood Boulevard,
PDHO, Building 2, Room 103-C, Tallahassee, Florida 32399-0700, by 5:00 pm, EDT, on September 9,2003. This
deadline shall be formally noticed in the solicitation of applications as published in- the Florida Administrative
Weekly.
Applications received after this deadline shall be rejected and returned to the lead agency applicant without review.
There shall be NO EXCEPTIONS or WAIVERS. Applications must be received in the Office by the deadline.
Applicants should make sure that if the application is mailed or sent by courier service that they allow adequate time
for the application to be delivered to the Department.
All applications received shall be date and time stamped upon receipt in the Office on Homelessness and a log
maintained to reflect the receipt of each application. No faxed or electronic delivery shall be permitted for
submission of applications.
6. Copies to be Submitted
The lead agency applicant shall submit an original signed application plus three (3) photocopied applications to the
Department. Failure to submit an original signed copy, or the required number of copies (3), shall result in the
rejection of the application. The original signed application shall be clearly labeled on the cover sheet "ORIGINAL"
to identify the original signed application.
7. Eligible Uses
The lead agency may use the grant funds to fund any activity or project that is clearly and specifically identified in its
written continuum of care plan. To be an eligible activity or use the lead agency shall execute a written certification
that the use is specifically contained in the plan and shall provide evidence of that inclusion in the plan with the
certification. This evidence may be documented in a variety of places within your plan, including the description of
your continuum of care system, the action steps for attaining goals, the community's strategies to carry out its
vision, the components of the continuum, or the project priorities list as described in the Exhibit 1 of the 2003
Continuum of Care application issued by the U.S. Department of Housing and Urban Development.
The application may contain one or more activities to be funded so long as each and every one of the activities
proposed for funding is specifically identified in the written continuum of care plan. All of the grant funds shall go to
activities proposed for funding that directly benefit homeless persons or persons at risk of homelessness. Activities
that do not directly benefit homeless persons may include, but are not limited to, public education, training,
planning, and capacity building. Homeless management information systems shall be presumed to be a direct
benefit use, given its capacity to be a case management tool.
The lead agency's written plan for its continuum of care shall be filed with the Office on Homelessness at the time of
its designation as the lead agency. Any amendment to that plan on file with the Office, which has been adopted by
the continuum subsequent to the designation of the lead agency, must be attached to the application along with a
certification of the amendment date by the lead agency.
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The reporting period shall be the 12 months beginning July 1, 2002 and ending June 30, 2003. The narrative
shall reflect the actual ways the continuum of care served the homeless during the reporting period. The lead
agency shall only describe actions taken or activities completed, not actions pending, promised, or previously
undertaken but discontinued. If a policy, procedure, or other written document was adopted prior to the
reporting period, the lead agency may include that action only if that policy or document was still in effect and in
use during the reporting period.
For each of the following quality of service indicators, applicants shall receive a point score, depending upon
the extent to which the Continuum of Care (COG) has achieved the specific standards for each quality of
service indicator. The applicant's total score for these rating criteria will be the sum of points awarded for all of
the quality of service indicators. The applicant and COC achieving the highest number of points for most
quality of service indicators achieved shall be ranked number one. The applicant having the second highest
number of points will be ranked number 2, and so on until all applicants are ranked.
The review team shall award points only to the extent that the narrative affirms the indicator standard was
achieved. For each of the quality of service indicators below, the lead agency shall reply based upon their
Continuum of Care's COLLECTIVE efforts to identify and respond to the needs of homeless people in its
catchment area. The fact that one agency, or a small segment of the continuum's participating agencies, may
have performed or achieved the quality of service indicator does not constitute performance by the Continuum.
Indicating that an action is "Continuum sponsored" or "Continuum driven" shall not be considered as evidence
of full participation by all agencies participating in the COCo Rather, the standard is that the action was
applicable and required to be continuum-wide in scope and carried out by all agencies participating in the COC,
in order to achieve full award of the points for that standard, The review team may award less than the full
points for a standard where a Continuum has evidenced partial achievement of the standard.
Quality of Service Indicators
1. Continuum Governance Structure -1lL Points
a. Has the COC formally created a governance structure or decision-making body? --L points
b. Does the governance body consist of members from each of the following four
sectors: private business, local government, homeless or formerly homeless
persons, and religious or faith-based organizations? --L points
C. Are there written policies and procedures that define the composition and structure
of the governance structure, including the process to recruit and select its
members? --L points
d. Does the governance body have written policies and procedures to guide its
decision making? --L points
e. Has the governance body met at least once during each quarter of the reporting
period? --L points
2. Decision Making Process ---1Q.. Points
a. Does the continuum have adopted, written procedures, and selection criteria,
to guide the process of selecting activities or projects to be considered for
funding allocations?
b. Is there a formal, written process adopted whereby decisions of the
governance body or continuum may be appealed?
C. Does the continuum operate "in the sunshine," noticing meetings to all
interested parties and allowing public access to all meetings?
-L points
-L points
-L points
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d. Does the governance body or the continuum maintain written minutes or an
equivalent record of actions taken by the body at all meetings? -L point
3. Evaluation of Services -1Q. Points
a. Has the continuum adopted a standard customer satisfaction survey, quality
assurance standard, or other evaluation tool for use in all components of the
continuum of care? --L points
b. Have all of the participating agencies in the continuum used the standard
customer satisfaction survey, or quality assurance standard? -L points
c. Were the survey responses or quality assurance reviews analyzed and
compiled into a written summary report to the lead agency? --L points
d. Did the continuum or its govemance body adopt recommendations or
implemented actions as a result of the review of the survey responses, or
quality assurance reviews? -L points
4. Performance Measurement -1Q. Points
a. Has the continuum adopted written measures of performance for each
component of its continuum of care? -L points
b. Does the continuum apply these performance measures to all agencies
participating in the continuum? -L points
c. Have all the agencies reported their performance using the adopted measures
during the reporting period? -L points
d. Has the continuum adopted any recommendations or implemented actions as
a result of the performance measurement during the reporting period? -L point
5. Participating Parties in the Continuum Planning -1Q. Points
a. Have all of the following entities participated in at least one planning session,
or served on a planning committee, or submitted written comments in the
planning process for developing your continuum of care plan? -L points
(1) public housing authority
(2) community mental health provider
(3) regional workforce board
(4) law enforcement agency
(5) hospital
(6) local school district
(7) veterans service agency
(8) county health department
(9) primary health care provider
(10) public defender's office
(11) substance abuse service provider
(12) information and referral services provider
b. Has there been a fixed representative designated in writing by each and every
one of the above entities to work with the continuum? --.L points
c. Have all twelve designated representatives attended at least half of the
continuum's planning meetings during the reporting period? --L points
d. Does the continuum have in place memoranda of agreement or other formal
relationships with all of the above entities to guide information sharing among
the participating parties? -L points
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6. Serving the Homeless in Emergencies -1Q. Points
a. Has the continuum adopted written plans for responding to the needs of
homeless persons during emergencies, including cold weather, heat waves,
tropical storms and hurricanes? -L points
b. Does the continuum's plan provide for sheltering of all homeless people
reasonably likely to need and seek shelter during the emergency event? -L points
c. Does the continuum's plan address how all segments of the homeless
population are to be transported to the emergency shelter when the
emergency exists? -L points
d. Has the continuum's adopted plan been adopted by the local government
emergency management agency as part of the community's emergency
management plan? -L points
7. Training --L Points
a. Did the continuum provide or facilitate training targeted to the direct or line
service workers of participating agencies on service provision to the
homeless? -L points
b. Did the continuum maintain a regular or fixed calendar of training sessions,
noticed to all participating agencies, for the reporting period? -L points
8. Statewide Initiatives -L Points
a. Has the continuum adopted a written plan to address the availability of
housing for and referral to such housing of sexual offenders discharged from
correctional facilities into the catchment area of the continuum? -L point
b. Has the continuum succeeded in carrying out its strategy for ending chronic
homelessness, as detailed in its 2002 cac plan narrative? -L points
c. Has the continuum established formal, adopted procedures to ensure that the
local homeless management information system will be linked to the 2-1-1
information and referral phone system? -L points
9. Standards of Care ~ Points
a. Has the continuum adopted written standards of care to specifically address
the provision of emergency shelter? -L point
b. Has the continuum adopted written standards of care to specifically address
the provision of transitional housing? -L point
c. Has the continuum adopted written standards of care to specifically address
the provision of permanent supportive housing? -L point
d. Has the continuum adopted written standards of care to specifically address
the provision of supportive services? 1 point
e. Has the continuum adopted written standards of care to specifically address
the provision of homeless prevention services? -L point
f. Has the continuum adopted written standards of care to specifically address
the provision of outreach related services? -L point
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Re: Grant # HFZ09
g. Has the continuum adopted written standards of care to specifically address
the provision of aftercare or follow-up services for persons leaving continuum
of care facilities?
h, Has the continuum adopted written standards for the collection and sharing of
information, including confidentiality of clients and security of information?
i. Has the continuum adopted written standards to address the rights of
homeless clients, including terminations, evictions, and grievances?
J. Has the continuum adopted written standards to address the provision of case
management services?
10. Mainstream Program Benefits
a. Has the continuum adopted a written strategy to identify homeless persons
who are eligible for "mainstream" supportive service programs, including food
stamps, Medicaid, SSI, and Temporary Assistance for Needy Families?
b. Has the continuum adopted written procedures to assist the homeless in
enrolling in these "mainstream" programs?
c. Has the continuum adopted a written strategy to ensure the homeless receive
the assistance from each program in which they are enrolled?
d. Does the continuum collect and maintain data on the number of homeless
persons enrolled in and receiving assistance from each of the "mainstream"
programs?
11. Point-In- Time Survey
a. Has the continuum conducted within the period of July 1, 2001 and June 30,
2003, a point-in-time survey to define the homeless population within its
catchment area?
b. Did the continuum use the standardized point-in-time survey instrument,
endorsed by the Council on Homelessness in September 2002?
c. Does the continuum have a written policy adopted, which will require
conducting point-in-time surveys no less frequently than every two years?
d. Did the continuum administer the point-in-time survey at all local homeless
provider agencies in its catchment area?
e. Did the continuum administer the point-in-time survey in a manner to capture a
count of those persons who may not be sheltered, or being served by
agencies (i.e., those on the street, living in outdoor locations, cars, or other
vehicles, or doubled up living with families or friends)?
f. Does the continuum provide training and instruction to those carrying out the
survey on the proper methods to be used?
12. New or Expanded COC Catchment Areas
a. Is this application submitted on behalf of a continuum of care, whose
catchment area was not designated by the Office on Homelessness as a
designated continuum in the FY 2003 Challenge Grant application
instructions?
-OR-
b, (1) Has the catchment area of the continuum been expanded to include at
least one additional county, since the designation of the continuum's
catchment area in FY 2003 by the Office on Homelessness?
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--L point
--L point
--L point
--L point
--.liL Points
---L points
-L points
-L points
---L points
--.liL Points
--L point
--L point
---L points
---L points
~ points
---L points
~ Points
~ points
--.liL points
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Re: Grant # HFZ09
(2) Does the $137,500 budget for this Challenge Grant include funding
activities or uses within the new county(s) added to the catchment area?
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MAXIMUM POINTS POSSIBLE IS 120 POINTS
-ill. points
B. Ability to leverage McKinney Act and private money for the provision of services to homeless persons.
The lead agency shall list on the form in Exhibit 4 all funding received by organizations participating in the
continuum of care from grants authorized under the McKinney-Vento Homeless Assistance Act (42 U.S.S" ss
11371, et. seq.), and from private sources (non-governmental) for homeless services within its catchment area.
The list shall be limited to those grants received or private cash received within the period from July 1, 2002 to
June 30, 2003.
For grants, received shall be defined as the total amount of the grant award as reflected on the fully executed
grant award letter from the grantor agency. In those programs that provide for multi-year commitments and
awards, the lead agency shall specify the amount claimed for the award for purpose of this leverage, up to the
full amount of the award commitment evidenced by the grant award letter. Once the grant award has been
claimed as leverage in a Challenge Grant application, it may no longer be claimed on any future Challenge
Grant application. Do not include any grant awards claimed in your 2002 or 2003 Challenge Grant applications,
except where a balance of a multi-year award was not claimed previously.
For private funds, the amount received shall be the actual amount of cash received during the period for direct
services targeted to homeless persons. In-kind services or donations of goods or services shall not be eligible
to claim as leverage. The amount of cash received for service to the homeless shall be evidenced by written
receipts or independent audits of the receiving agency or entity participating in the continuum of care. The lead
agency shall maintain this evidence on file in the continuum records and shall execute the written certification
on the amount of private cash claimed in the application. Like the grant funding, once the private cash is
claimed in a Challenge Grant application, it may no longer be claimed on any future Challenge Grant
application.
Lead agencies are directed to the following programs authorized under the McKinney-Vento Homeless
Assistance Act, for claims of grant leveraged. These are the only grant sources that shall be recognized for
leverage.
Proqram Name CFDA #
Federal
Aqencv
1. Homeless Veterans Reintegration Program 17.805
Labor
2. Health Care for the Homeless 93.151
HHS
3. Projects for Assistance in Transition from 93.150
Homelessness (PATH)
HHS
4. Education for Homeless Children & Youth 84.196
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Educ
Eligible
Grantees
State and local public agencies, private
industry councils, non-profit agencies in
75 largest metropolitan areas and rural
areas of need.
Non-profit private organizations, state
and local govemment agencies.
States, District of Columbia, territories,
with subgrants to political subdivisions
of states and non-profit entities.
State departments of education, with
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Re: Grant # HFZ09
5. Emergency Shelter Grant
14.231
HUD
6. Shelter Plus Care
14.238
HUD
7. Supportive Housing Program
14.235
HUD
8. Section 8 Moderate Rehab, Single Room
Occupancy (SRO)
14.249
HUD
9. Emergency Food and Shelter
83,523
FEMA
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local educational agencies as I
subgrantees.
States, cities, urban counties and
territories, with subgrants to non-profit
entities.
States, units of local government, or
public housing agency.
States, local governments, other govern-
mentarentities, private non-profits, public
non-profit community mental health
association.
Public housing agency or private non-
profit organization.
Red Cross, Catholic Charities, United
Jewish Communities, National Council of
Churches, Salvation Army, United Way,
independent non-profits which provide
food and/or shelter services.
The lead agency shall fully document the amounts claimed as leverage and maintain that evidence in its files to
support the certification of leverage claimed on Exhibit 4. Failure of the lead agency to execute the certification of
leverage shall cause the application to be ranked last on the leverage preference criteria.
The leveraged grant and private cash amount certified by the lead agency shall be divided by the population of the
catchment area of the continuum of care to calculate a leverage ratio per 1000 population. For example, if the total
leverage of McKinney Act grants and private cash totals $7,000,000 and the population of the catchment area of
Alachua County's, for example, is 217,955 a leverage ratio of $32,116.72 per 1000 population is determined. If this
same amount of leverage, $7,000,000, was certified for Broward County, with a population of 1,623,018, the
leverage ratio would be $4.31 per 1000 population,
The ranking of the applications shall be based on the highest certified leverage ratio being ranked number 1. The
next highest leverage ratio shall be ranked number 2 and so on until all applications are ranked. In the event two or
more applicants certify the same leverage ratio they shall be ranked equally in the order, with the rank score being
the average score of the two or more rank places. Example: two applicants have a leverage ratio of $20.00/1000
population, with seven applicants having a higher ranked leverage. These two applicants would receive a rank of
8.5, averaging the number 8 and number 9 rank orders.
C. Catchment area with the greatest need for the provision of housing and services to the homeless, relative to the
population of the catchment area.
The lead agency shall add the data contained in the continuum of care homeless population and sub
populations chart for both homeless individuals and persons in families with children. This total number of
persons shall be aggregated as a count of the estimated number of persons homeless, either individuals or
homeless families, and shall include both those sheltered and unsheltered in the catchment area. See Exhibit 7
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Re: Grant # HFZ09 l '. ... . 1 L 11 1
for the latest housing gaps analysis and homeless population charts instruction and tables fro th~.~.'
Department of Housing and Urban Development, to guide your response.
In documenting the need for homeless housing, the lead agency shall use the continuum of care homeless
population and sub population chart as filed with the Office on Homelessness, as part of the designation of lead
agencies for FY 2004. That submitted homeless population chart shall be used for purposes of documenting
need only if the lead agency can and does certify that the data provided:
(1) represents the number of homeless persons in the catchment area on any given night;
(2) is not adjusted through the use of multipliers or other means;
(3) is derived directly from street counts, point-in-time surveys, homeless management information systems,
service provider agency records, and/or similar empirical methods;
(4) includes only persons who are homeless according to the operational definition of homelessness used by
U.S. HUD and adopted by the Council on Homelessness (see Exhibit 9 for this definition); and
(5) represents an unduplicated count/estimate (i.e. includes each individual once and only once) to the
greatest extent possible,
If the homeless population chart on file fails to meet the data standard for unadjusted data, as stated in the
paragraph above, the lead agency shall submit with the application a revised homeless population chart with
supporting narrative describing the methodology used in revising the homeless population chart. The lead
agency shall provide a cover letter with the revised homeless population chart attesting to the adoption by the
continuum of the revised population data.
The lead agency shall complete and execute the certification on the need form, Exhibit 10. In the event an
applicant is unable to certify that its estimate of need adheres to the standards described above, or fails to
execute the certification, the application shall be ranked last on the need statutory criteria,
The total number of homeless persons, both sheltered and unsheltered, shall be divided by the total population
of the catchment area, based on the 2000 Census data by county(s) within the catchment area. EXHIBIT 5
provides the total population by county in 2000. The resultant calculation shall establish a ratio of homeless
population per 1000 population for the catchment area as documented using the form found in Exhibit 10. See
Exhibit 8 for a sample county homeless population chart.
Example: "Sample County"
Estimated Homeless Individuals
Estimated Homeless Persons in Families
[SOURCE: Exhibit 8]
5,401 Persons
2,927 Persons
TOTAL HOMELESS POPULATION
8,328 Persons
2000 Population
2,253,362
[SOURCE: Exhibit 5J
Homeless Persons/1000 Population
8,328
2,253 (rounded) = 3.70 homeless persons/1000
population in catchment area
The review team shall compare all eligible applicants to determine the catchment area with the highest ratio of
homeless persons per 1000 population. This application shall be ranked number one. All other applicants shall
be ranked in descending order with the second highest need ratio ranked second and so on until all applicants
are ranked.
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Re: Grant # HFZ09 '.. 1 L. J\ 1
In the event two or more applicants have the same need ratio, they shall be ranked equall . ~r~ OJIjer,
with their rank score being the average score of the two or more rank places, Example: Two applicants have
the same need ratio of 1.0 homeless persons per 1000 population. Ten applicants have higher ratios. The two
applicants would be ranked at 11,5, averaging the number 11 and 12 rank order places.
FINAL RANKING
The review team shall establish a final ranking by totaling the rankings in the three preference criteria outlined
above. For example, if the application is ranked number 7 in quality of service, number 3 in leverage, and nu mber 6
in need, its total ranking score is 16. The application with the lowest total ranking score shall be the top ranked
application. The lowest combined ranking score per reviewer possible is 3, and the highest score would be 3 times
the number of applications reviewed as eligible.
In the event of a tie in the total ranking score, the review team shall rank the applicant that was ranked higher on
the catchment area need preference criteria above the other application for the purpose of determining the final
order for awards.
11. Grant Amounts
The total grant funding available for award is $2,116,025. The amount of grant award shall be the total amount of
eligible uses requested, up to $137,500. The top ranked application shall be funded first, with each subsequent
ranked application awarded until the grant amount is exhausted. The top eight ranked applications shall be eligible
for a grant up to $137,500. All lower ranked applications shall be awarded up to $82,500. The Department
reserves the right to make grant awards in amounts less than the requested amount in the event (1) that uses
proposed are deemed ineligible by the Department, or (2) that the grant funding remaining available is less than the
amount of the grant request for the final application funded in rank order.
Lead agencies receiving grant awards shall agree to participate in the Office on Homelessness' process to develop
standardized data collection methods and the creation of a statewide homeless management information system.
Further, grantees shall be required to submit monthly reports of performance, until grant funded activities are
completed. The lead agency and all providers of grant assisted service shall collect and report information of the
housing status of persons at the time they access or first receive assistance from the grant-funded activities.
12. Application Formats
All applications shall be on paper of the size 8% x 11, be provided in the order described below, and the application
shall be in a binder with a table of contents clearly showing the order of the material with pages clearly numbered.
Where referenced documents area to be included in the application, they shall be inserted in the application
immediately following the section of the application in which they are referenced.
13. Application Contents
Each application shall consist of the following information and shall be bound in the specific order of the information
required outlined herein.
(1) Cover Letter
The lead agency shall provide a letter, on agency letterhead, describing the total amount of the requested
grant, an enumeration of the uses of the grant, and the point of contact at the lead agency to serve a grant
manager. A point of contact shall be identified to be notified in the event of a grant completeness issue. A
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phone and fax number shall be provided for the contact person for completeness issues. A d aotitecr1
official of the lead agency shall sign this letter.
(2) Budget
The budget shall follow the forms contained in EXHIBIT 6A & B and must clearly delineate the following for
each proposed activity or project:
(a) The activity or project use.
(b) Amount of grant for each use/activity.
(c) Name of the provider entity(ies) to carry out the activity or use.
(d) Location(s) where the activity is carried out.
(e) Population of Homeless Served.
(f) Estimated Expenditure of Grant Funds by Quarter.
(3) Certification of Consistency with Continuum of Care Plan.
The lead agency shall provide a letter on agency letterhead that shall be signed by the same duly authorized
official that signs the cover letter certifying that each use is contained within the continuum of care plan. This
letter shall list each use proposed for funding along with the specific citation of where in the plan this activity or
use is described in the plan. This reference should cite the section, page, project list, or other clearly
identifiable reference to the plan. Copies of applicable portions of the written plan shall be attached to the letter
highlighting the specific use citations,
(4) Narrative:
The lead agency shall provide a brief narrative, not to exceed two pages, that describes all of the activities to be
funded, the homeless populations to be served, and the outcomes expected to be achieved for each activity
proposed to be funded. This narrative should clearly delineate which uses would be funded at the $137,500
grant level, as well as those to be funded at the $82,500 level.
(5) Quality of Services Narrative.
The lead agency shall describe the actions taken by the continuum of care in providing quality services, as
described in item 1 O.A above. Be sure your narrative is specific, so as to enable the reviewer to determine
whether each quality indicator has been achieved. The certification by the lead agency of indicators of quality
of services, per the form in Exhibit 3, shall immediately follow the narrative section,
(6) Leverage of McKinney Act and Private Funds.
The lead agency shall list the funding received in the period from July 1, 2002 to June 30, 2003, by grant award
or private funder. The list shall clearly show each individual grant or receipt of private cash, which clearly
references the item on the list. The lead agency shall provide a signed certification of the total of funding
leveraged. This listing shall follow the form on EXHIBIT 4.
(7) Homeless Need
The lead agency shall complete the form on EXHIBIT 10, using the data from its Homeless Population and
Subpopulation Chart in its continuum of care plan and the census population data from EXHIBIT 5. The result
should be the ratio of homeless persons per 1000 population, rounded to the nearest hundredth of a person.
The lead agency shall provide a signed certification on the data used from the homeless population chart on
Exhibit 10.
61
Re: Grant # HFZ09
(8) Performance Measures
16Al
The lead agency shall submit a narrative, not to exceed two pages, that clearly delineates the performance
measure(s) to be applied to each activity or use proposed for funding and the outcomes to be achieved by each
use. These shall be measurable indicators of performance and should relate to the goals within the continuum
of care plan. These measures will become part of the grant award agreement and reporting requirements for
the lead agency. Measures shall be provided for all uses requested. If your grant seeks funding for a
supplemental budget. be sure to describe the performance measures for those additional uses.
62
i
Re: Grant # HFZ09
(9) Ability to Complete Activities
....
16Al
The lead agency shall document its ability to complete the funded activities by the end of June 2004. This
should include timelines of critical tasks to be accomplished for each use; monthly or quarterly spending plans;
proposed draw down schedules; and reporting schedule for outcomes achieved. This narrative should address
the status of the selection of the local providers of activities; the status of needed subcontracts between the
lead agency and the provider entities; the identification of homeless clients to be served; and preparations
underway to allow for the timely obligation and expenditure of these funds. NOTE: Funding is not expected to
be authorized in the first quarter of the fiscal year due to the timing of the grant awards.
14. Completeness.
The Office on Homelessness shall evaluate all applications received by the deadline date and time for
completeness. The completeness review shall be limited to the following items:
. Is there a signed original, plus three copies of the application?
· Is there a signed, original certification of consistency with the continuum of care plan?
. Are Exhibit 6, A & 8, budget forms contained in the application?
If any of these items are not contained or found in the completeness review, the Office on Homelessness shall
notify the applicant by FAX of the missing item. The Office will also make a call to the lead agency to affirm that a
fax was sent. The applicant shall have 72 hours to FAX the missing material or item to the Office (from the data
and time of the notice of missing item(s)).
Failure to provide original signed certification on the following items shall result in the application ranking being
ranked last for the respective preference criteria by the review team.
· Certification of Quality Service Standards, Exhibit 3.
. Certification of Leverage Funds, Exhibit 4.
· Certification of Unmet Need Per Catchment Area Population, Exhibit 10.
No additional material shall be provided following the deadline for receipt of the application for any of the ranking
criteria.
Failure to provide a complete application shall result in rejection and return of the application without ranking. This
determination will be made following the receipt of materials, or lack thereof, after the 72-hour response period.
15. Liens.
In the event that the Challenge Grant proceeds are used to acquire or improve real property, such use shall be
contingent upon the lead agency and/or its subgrantees granting to the state a security interest in the property at
least equal to the amount of the state funds provided, for at least five (5) years from the date of purchase or
completion of the property improvements. The securing of the lien position and recording of the lien document shall
be the responsibility of the lead agency. The lien must be in the Department's favor. See Exhibit 11 for a sample
lien document.
In the event that the property to be acquired or improved is owned by a unit of local government, no lien document
shall be required. However, the unit of local government shall provide a letter attesting to the fact that should the
property cease to be used for homeless programs in accordance with the Challenge Grant application, then the unit
63
-
Re: Grant # HFZ09 . . . . 1 t... A 1
of local government shall repay to the Department the proportionate share of the state's initial grant i~stment, as
adjusted by depreciation.
16. Contact:
Mr. Tom Pierce, Executive Director, or
Mr. Jerry Smith, Senior Management Analyst II
Office on Homelessness
850/922-4691
850/487-1361 [FAX]
64
Re: Grant # HFZ09
EXHIBITS
16A I'
CHALLENGE GRANTS
EXHIBIT
1
2
3
4
5
6-A
6-B
7
8
9
10
11
INFORMATION
Designated Lead Agencies by Catchment Area
Notice of Solicitation of Applications for Challenge Grants
Quality of Service Certification by Lead Agency
Leveraged Funding Form and Certification
2000 Census, Population by County
Budget Form
Expenditure Schedule
Instruction for Continuum of Care Housing Gaps Analysis and Homeless
Population Chart
Sample County Homeless Population Chart
HUD Operational Definition of Homelessness
Certification of Estimated Need Per Catchment Area Population
Sample lien Document
65
EXHIBIT 1
CONTINUUM OF CARE DESIGNATED AGENCIES
16Al
Re: Grant # HFZ09
CONTINUUM OF CARE LEAD AGENCY
Mr. Jon DeCarmine, Chair
Alachua County Coalition for the
Homeless & Hungry
PO Box 12491
Gainesville, FL 32604-2491
P - 352/377-5690
F - 352/371-6446
achomeless(cD.yahoo.com
henci nia (cD.ci .Qainesville. fl. us
CATCHMENT AREAS BY COUNTY
Alachua & Putnam
Ms. Gay Williams, Director
Housing and Human Services Director
Brevard County
2725 Judge Fran Jamieson Way
Building B, Suite 105
Viera, FL 32940
P - 321/633-2007
F - 321/633-2076
qay. willi ams(cD.countYQovt. brevard. fl. us
Brevard
Mr. Steve Werthman
Broward County Homeless Initiative Partnership
Administration
Human Services Department
115 South Andrews Avenue, Room 516
Fort Lauderdale, FL 33301
P - 954/357-6167
F - 954/357-5521
swerth man (cD.broward .orq
Broward
Ms. Ana Romillo, Executive Director
Charlotte County Homeless Coalition
3880-A Tamiami Trail
Port Charlotte, FL 33952
P - 941/627-4313
F - 941/627-9648
ana romillo(cD.cchomelesscoalition.orQ
Charlotte
Mr. James H. Lowe
Mid-Florida Homeless Coalition
c/o Lake Community Action Agency
PO Box 1527
Eustis, FL 32757-1527
P - 352-357-5550
F - 352/483-2298
J amesL@LakeCAA.org
Citrus, Hernando, Lake, & Sumter
66
Re: Grant # HFZ09
CONTINUUM OF CARE LEAD AGENCY
Ms, Janeen Person-Coale
Collier County, Dept of Financial Administration and Housing
3050 North Horseshoe Drive, Suite 275
Naples, FL 34104
P - 239/213-2901
F - 239/403-2331
J aneen Person@collierQov.net
Ms. Wanda Lanier, Executive Director
Emergency Services & Homeless Coalition
of Jacksonville
900 University Boulevard, North
Suite 405
Jacksonville, FL 32211
P - 904/744-0969 or 247-5112
wandalanier@bellsouth.net
Ms. Thresa Hogue
EscaRosa Coalition on the Homeless
PO Box 17222
Pensacola, FL 32522-7222
P - 850/439-3009
F - 850/438-5901
thoque@mhawfl.orQ
Mr. Rayme L. Nuckles, Chief Executive Officer
Homeless Coalition of Hillsborough County, Inc.
PO Box 360181
Tampa, FL 33673-0181
P - 813/404-7514
F - 813/236-2279
ravme@homelessofhc.orQ
Ms, Louise Hubbard, Executive Director
Treasure Coast Homeless Services Council, Inc.
2525 St. Lucie Avenue
Vero Beach, FL 32960
P - 772/567-7790
F - 772/567-5991
irhsclh@aol.com
Mr. Richard Faris
Lee County, Department of Human Services
83 Pondella Road
North Fort Myers, FL 33903
P - 239/652-7930
F - 239/652-7960
farisrl@leeQov.com
67
CATCHMENT AREAS BY coulr/) /11
Collier
Duval & Clay
Escambia & Santa Rosa
Hillsborough
Indian River, Martin, & St. Lucie
Lee
Re: Grant # HFZ09
CONTINUUM OF CARE LEAD AGENCY
Ms. Kay Freeman, Executive Director
Tallahassee Coalition for the Homeless
PO Box 226
Tallahassee, FL 32302-0226
P - 850/576-5566
F - 850/577-0586
kfreeman(a)tallahasseeCH .orQ
Mr. Alex Young, Executive Director
United Way of Sarasota County
1445 2nd Street
Sarasota, FL 34236
P - 941/366-2686
F - 941/365-4368
alexy(a)uwsrq .com
Mr. Toni James
United Way of Marion County, Inc.
PO Box 1086
Ocala, FL 34478-1086
P - 352/732-9696
F - 352/732-9608
tiames(a)uwmc.orQ
rfricks(a)marionschoolreadiness.com
Mr. David Raymond, Acting Executive Director
Miami-Dade County Homeless Trust
111 NW 1 st St, Suite 2710
Miami, FL 33128
P - 305/375-1490
F - 305/375-2722
dray@miamidade.qov
Reverend Stephen E. Braddock
Southernmost Homeless Assistance League
PO Box 2990
Key West, FL 33045-2990
P - 305/293-8189
F - 305/293-8276
FrBraddock(a)cs.com
Ms. Martha "Marty" C. Lackey, Director
OkaloosalWalton Coalition on the Homeless, Inc.
6 Bob-a-link Road
Ft. Walton Beach, FL 32548
P - 850/243-5648
F - 850/244-5717
MartyL 1 (a)cox.net
68
1 -
6,41
CATCHMENT AREAS BY COUNTY
Leon, Franklin, Gadsden, Jefferson, Liberty,
Madison, Taylor, & Wakulla
Manatee & Sarasota
Marion
Miami-Dade
Monroe
Okaloosa & Walton
Re: Grant # HFZ09
CONTINUUM OF CARE LEAD AGENCY
Ms, Marilyn Gordon, Executive Director
Homeless Services Network of Central Florida
1510 East Colonial Drive, Suite 201-W
Orlando, FL 32803
P - 407/893-0133
F - 407/893-5299
!:Jordon marilvn (Q)att. net
Ms. Sheila J. Smith
Executive Director
The Homeless Coalition of Palm Beach County, Inc.
605 Belvedere Road, Suites 10-11
West Palm Beach, FL 33405
P - 561/832-0011
F - 561/832-9010
sheila(Q)hcpalmbeach .ora
Mr. David Gray, President
Coalition for the Homeless of Pasco County, Inc.
10934 U.S. Highway 19, Suite 203
Port Richey, FL 34668
P - 727/862-5805
F - 727/868-2675
homel escoa I ition (Q)ve rizon. net
Ms. Beth Eschenfelder
Pinel/as County Coalition for the Homeless
PO Box 11195
St. Petersburg, FL 33733-1195
WK-P - 727/328-1752 X-201
HM-P - 727/323-5771
F - 727/321-7968
beschenfelder(Q)msn .com
Ms. Donna Rock, Executive Director
Homeless Coalition of Polk County
835 North Kentucky Avenue
Lake/and, FL 33801
863/687 -8386
hpolk@tampabav.rr.com
Mr. Jimmie Harden, President
Emergency Services and Homeless Coalition of
S1. Johns County, Inc.
PO Box 3422
St Augustine, FL 32085-3422
WK - 904/819-0059
Homeless(Q)au!:J .com
69
. l~Al
CATCHMENT AREAS BY COUNTY
Orange, Osceola, & Seminole
Palm Beach
Pasco
Pinel/as
Polk, Hardee, & Highlands
St. Johns
Re: Grant # HFZ09
16Al
The following lead agencies were designated in 2003. Their updated designation for the 2004 cycle is
pending receipt of their 2003 Continuum of Care plan (Exhibit 1, HUD Continuum of Care NOFA). Please
contact the Office for the latest status on these continuums of care and their catchment areas.
CONTINUUM OF CARE LEAD AGENCY
Mr. Frank Dean, President
Homeless & Hunger Coalition of Northwest Florida
PO Box 549
Panama City, FL 32402-0549
850/769-2738
CATCHMENT AREAS BY COUNTY
Bay
Ms. Lindsay Roberts, CAE
Executive Director
Vo/usia/Flagler County Coalition for the Homeless
PO Box 6498
Daytona Beach, FL 32122-6498
Lindsay Ro berts@bellsouth.net
Volusia
Rev. 07/1812003
70
EXHIBIT 2
-' \. ~.....
lh~
Re: Grant # HFZ09
SOLICITATIONS OF APPLICATIONS FOR
CHALLENGE GRANTS
TO LEAD AGENCIES FOR HOMELESS ASSISTANCE
Pursuant to Section 420.622 Florida Statutes, the Department of Children and Families through the State Office
on Homelessness, hereby solicits applications for Challenge Grants to lead agencies for homeless assistance
continuums of care designated by the State Office on Homelessness. A lead agency may be a local homeless
coalition, municipal or county government, or other public agency, or a private not for profit corporation. Such
grants may be up to $137,500 per lead agency.
To qualify for the grant, a lead agency must develop and implement a local homeless assistance continuum
of care plan for its designated catchment area.
Preference will be given to those lead agencies that have demonstrated the ability of their continuum of
care to provide quality services to homeless persons and the ability to leverage federal homeless assistance under
the Stewart B. McKinney Act and private funding for the provision of services to homeless persons. Preference will
also be given to lead agencies in catchment areas with the greatest need for the provision of housing to the
homeless, relative to the population of the catchment area.
Lead agencies wishing to apply for such homeless housing assistance grants should request an application
package from:
Office on Homelessness
1317 Winewood Boulevard
Tallahassee, FL 32399-0700
850/922-4691
The deadline for submission of applications to the Office on Home/essness shall be 5:00 p.m., EDT, on
September 9, 2003.
71
Re: Grant # HFZ09
. ,
..,
IhAl".
EXHIBIT 3
QUALITY OF SERVICE: CERTIFICA TJON BY LEAD AGENCY
For the reporting period beginning July 1, 2002 and ending June 30, 2003, the following statements are true and
accurate for our continuum of care and that all evidence and documentation to support these claims are maintained
on file with the lead agency.
Quality of Service Indicators
1. Continuum Governance Structure
a. Has the COC formally created a governance structure or decision making body?
Yes No
b. Does the governance body consist of members from each of the following four sectors: private
business, local government, homeless or formerly homeless persons, and religious or faith-based
organizations?
Yes No
c. Are there written policies and procedures that define the composition and structure of the governance
structure, including the process to recruit and select its members?
Yes No
d. Does the governance body have written policies and procedures to guide its decision making?
Yes No
e. Has the governance body met at least once during each quarter of the reporting period?
Yes No
2. Decision Making Process
a. Does the continuum have adopted, written procedures, and selection criteria, to guide the process of
selecting activities or projects to be considered for funding allocations?
Yes No
b. Is there a formal, written process adopted whereby decisions of the governance body or continuum
may be appealed?
Yes No
c. Does the continuum operate "in the sunshine," noticing meetings to all interested parties and allowing
public access to all meetings?
Yes No
d. Does the governance body or the continuum maintain written minutes or an equivalent record of
actions taken by the body at all meetings?
Yes No
3. Evaluation of Services
a. Has the continuum adopted a standard customer satisfaction survey, quality assurance standard, or
other evaluation tool for use in all components of the continuum of care?
Yes No
b. Have all of the participating agencies in the continuum used the standard customer satisfaction survey,
or quality assurance standard?
Yes No
c. Were the survey responses, or quality assurance reviews analyzed and compiled into a written
summary report to the lead agency?
Yes No
d. Did the continuum or its governance body adopt recommendations or implemented actions as a result
of the review of the survey responses, or quality assurance reviews?
Yes No
72
Re: Grant # HFZ09
4. Performance Measurement
-
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a. Has the continuum adopted written measures of performance for each component of its continuum of
care?
Yes No
b. Does the continuum apply these performance measures to all agencies participating in the continuum?
Yes No
c. Have all the agencies reported their performance using the adopted measures during the reporting
period?
Yes No
d. Has the continuum adopted any recommendations or implemented actions as a result of the
performance measurement during the reporting period?
Yes No
5. Participating Parties in the Continuum Planning
a. Have all of the following entities participated in at least one planning session, or served on a planning
committee, or submitted written comments in the planning process for developing your continuurn of
care plan?
Yes
No
(1) public housing authority
(2) community mental health provider
(3) regional workforce board
(4) law enforcement agency
(5) hospital
(6) local school district
(7) veterans service agency
(8) county health department
(9) primary health care provider
(10)public defender's office
(11 )substance abuse service provider
(12)information and referral services provider
b. Has there been a fixed representative designated by each and every one of the above entities to work
with the continuum?
Yes No
c. Have all twelve designated representatives attended at least half of the continuum's planning meetings
during the reporting period?
Yes No
d. Does the continuum have in place memoranda of agreement or other formal relationships with all of the
above entities to guide information sharing among the participating parties?
Yes No
6. Serving the Homeless in Emergencies
a. Has the continuum adopted written plans for responding to the needs of homeless persons during
emergencies, including cold weather, heat waves, tropical storms and hurricanes?
Yes No
73
, .
Roo Gran~~ H;:: the contin~~m 's plan provide for sheltering of all homeless people reasonably Ildly ;; nef\i a1 '"
seek shelter during the emergency event? -1 n , ,
Yes No
c. Does the continuum's plan address how all segments of the homeless population are to be transported
to the emergency shelter when the emergency exists?
Yes No
d. Has the continuum's adopted plan been adopted by the local government emergency management
agency as part of the community's emergency management plan?
Yes No
7. Training
a. Did the continuum provide or facilitate training targeted to the direct or line service workers of
participating agencies on service provision to the homeless?
Yes No
b. Did the continuum maintain a regular or fixed calendar of training sessions, noticed to all participating
agencies, for the reporting period?
Yes
No
8. Statewide Initiatives
a. Has the continuum adopted a written plan to address the availability of housing for and referral to such
housing of sexual offenders discharged from correctional facilities into the catchment area of the
continuum?
Yes No
b. Has the continuum succeeded in carrying out its strategy for ending chronic homelessness, as detailed
in its 2002 COC plan narrative?
Yes No
c. Has the continuum established formal, adopted procedures to ensure that the local homeless
management information system will be linked to the 2-1-1 information and referral phone system?
Yes No
9. Standards of Care
a. Has the continuum adopted written standards of care to specifically address the provision of
emergency shelter?
Yes No
b. Has the continuum adopted written standards of care to specifically address the provision of transitional
housing?
Yes No
c. Has the continuum adopted written standards of care to specifically address the provision of permanent
supportive housing?
Yes No
d. Has the continuum adopted written standards of care to specifically address the provision of supportive
services?
Yes No
e. Has the continuum adopted written standards of care to specifically address the provision of homeless
prevention services?
Yes
No
74
Re: Grant # HFZ09
f. Has the continuum adopted written standards of care to specifically address the provision of outreach
related services?
Yes No
g. Has the continuum adopted written standards of care to specifically address the provision of aftercare
or follow-up services for persons leaving continuum of care facilities?
Yes No
h. Has the continuum adopted written standards for the collection and sharing of information, including
confidentiality of clients and security of information?
Yes No
L Has the continuum adopted written standards to address the rights of homeless clients, including
terminations, evictions, and grievances?
Yes No
j. Has the continuum adopted written standards to address the provision of case management services?
Yes No
16Al
'I!
10. Mainstream Program Benefits
a. Has the continuum adopted a written strategy to identify homeless persons who are eligible for
"mainstream" supportive service programs, including food stamps, Medicaid, SSI, and Temporary
Assistance for Needy Families?
Yes No
b. Has the continuum adopted written procedures to assist the homeless in enrolling in these
"mainstream" programs?
Yes No
c. Has the continuum adopted a written strategy to ensure the homeless receive the assistance from each
program in which they are enrolled?
Yes No
d. Does the continuum collect and maintain data on the number of homeless persons enrolled in and
receiving assistance from each of the "mainstream" programs?
Yes No
11. Point-In-Time Survey
a. Has the continuum conducted within the period of July 1,2001 and June 30,2003, a point-in-time
survey to define the homeless population within its catchment area?
Yes No
b. Did the continuum use the standardized point-in-time survey instruments endorsed by the Council on
Homelessness in September 2002?
Yes No
c. Does the continuum have a written policy adopted, which will require conducting point-in-time surveys
no less frequently than every two years?
Yes No
d. Did the continuum administer the point-in-time survey at all local homeless provider agencies in its
catchment area?
Yes No
e. Did the continuum administer the point-in-time survey in a manner to capture a count of those persons
who may not be sheltered, or being served by agencies (Le., those on the street, living in outdoor
locations, cars or other vehicles, or doubled up living with families or friends)?
Yes No
f. Does the continuum provide training and instruction to those carrying out the survey on the proper
methods to be used?
Yes
No
75
Re: Grant # HFZ09
12. New or Expanded COC Catchment Areas
16Al
a. Is this application submitted on behalf of a continuum of care, whose catchment area was not
designated by the Office on Homelessness as a designated continuum in the FY 2003 Challenge Grant
application instructions?
Yes
No
-OR-
b. (1) Has the catchment area of the continuum been expanded to include at least one additional county,
since the designation of the continuum's catchment area in FY 2003 by the Office on
Homelessness?
Yes No
(2) Does the $137,500 budget for this Challenge Grant include funding activities or uses within the
new county(s) added to the catchment area?
Yes No
Lead Agency Certification
I hereby attest that the above statements are true and accurate, based upon evidence and documentation on file
with this lead agency on behalf of our continuum of care.
Name of Continuum of Care:
Name of Lead Agency:
Name of Certifying Official:
Signature of Certifying Official:
Date Signed:
FAILURE TO PROVIDE AN ORIGINAL SIGNED CERTIFICATION FOR QUALITY OF SERVICE, SHALL BE
CAUSE FOR THE APPLICATION TO BE RANKED LAST ON THE QUALITY SERVICES PREFERENCE
CRITERIA.
76
Re: Grant # HFZ09
EXHIBIT 4
LEVERAGED FUNDING
6a 1"
1 "
A. McKinney-Vento Homeless Assistance Act Grants
ProQram
1. Homeless Veterans Reintegration
2. Health Care for the Homeless
3. PATH
4. Education for Homeless Children
5. Emergency Shelter Grant
6. Shelter Plus Care
7. Supportive Housing Program
8. Section 8 Moderate Rehab., SRO
9. Emergency Food & Shelter
TOTAL GRANTS
Grant
Amount
$
$
$
$
$
$
$
$
$
$
Grant Award
#/Reference
Date of Grantor
Executed Award Letter
B. Private Cash for Services to Homeless Persons
Participatinq Continuum AQencv
1.
2.
3.
4.
TOTAL PRIVATE MONEY
TOTAL LEVERAGE CLAIMED
A. McKinney Act Grants
B. Private Money
TOTAL LEVERAGE
Lead Agency Certification:
Cash Received
$
$
$
$
$
Source Documentation
(check, agency written receipt, agency
independent audit, other to be specified.)
$
$
$
I hereby attest that the above sources of grant and private money claimed as leverage for this Challenge Grant
application, is true and accurate, and that the lead agency has documented the receipt of the grant award(s)
and private money leveraged by their continuum of care.
Name of Lead Agency:
Name of Certifying Official:
Title/Position:
Signature of Certifying Official:
Date Signed:
77
Re: Grant # HFZ09
Leverage Ratio Calculation:
16Al
t/ -1
=$
/1000 population
Total Leverage Claimed
+ Population of Catchment Area" = Ratio
Divide the total leverage claimed by the total population of the catchment area, rounded to the nearest 1000
population, to calculate a leverage ratio expressed in dollars and cents per every 1000 population of the
catchment area.
NOTES:
1. To be eligible to be claimed as leveraged funding the grant award must have been executed, or the private
money received, between the dates of July 1, 2002 and June 30, 2003.
2. If more than one grant award was received for a specific McKinney Act grant, use more than one line, reflecting
each grant award separately, specifying the McKinney Act Program for each line used.
FAILURE TO PROVIDE AN ORIGINAL SIGNED CERTIFICATION ON LEVERAGE IN THE GRANT
APPLICATION SHALL BE CAUSE FOR THE APPLICATION TO BE RANKED LAST BY THE REVIEW TEAM
ON THE LEVERAGE STATUTORY PREFERENCE CRITERIA.
78
Re: Grant # HFZ09
EXHIBIT 5
2000 CENSUS: POPULATION BY COUNTY
Alachua
Baker
Bay
Bradford
Brevard
Broward
Calhoun
Charlotte
Citrus
Clay
Collier
Columbia
DeSoto
Dixie
Duval
Escambia
Flagler
Franklin
Gadsden
Gilchrist
Glades
Gulf
Hamilton
Hardee
Hendry
Hernando
Highlands
Hillsborough
Holmes
Indian River
Jackson
Jefferson
Lafayette
Lake
Lee
Leon
Levy
Liberty
Madison
Manatee
Marion
Martin
Miami-Dade
Monroe
Nassau
Okaloosa
Okeechobee
Orange
Osceola
217,955
22,259
148,217
26,088
476,230
1,623,018
13,017
141,627
118,085
140,814
251,377
56,513
32,209
13,827
778,879
294,410
49,832
11,057
45,087
14,437
10,576
13,332
13,327
26,938
36,210
130,802
87,366
998,948
18,564
112,947
46,755
12,902
7,022
210,528
440,888
239,452
34,450
7,021
18,733
264,002
258,916
126,731
2,253,362
79,589
57,663
170,498
35,910
896,344
172,493
Palm Beach
Pasco
Pinellas
Polk
Putnam
St. Johns
St. Lucie
Santa Rosa
Sarasota
Seminole
Sumter
Suwannee
Taylor
Union
Volusia
Wakulla
Walton
Washington
79
16Al
....
1,131,184
344,765
921,482
483,924
70,423
123,135
192,695
117,743
325,957
365,196
53,345
34,844
19,256
13,442
443,343
22,863
40,601
20,973
Re: Grant # HFZ09
EXHIBIT 6-A
BUDGET FORM
16Al
....
Homeless Population
Grant Activitv/Use $ Reauested Provider Name Location Served
1
2
3
4
5
-
TOTAL GRANT $
INSTRUCTIONS
Please list your grant activity or use in order of priority. The maximum grant shall be $137,500 in 2004. Only the
top eight (8) applications shall receive this level of award. All other grants will be awarded at or below $82,500.
Your order of use on this form shall be used to set the approved budget, if your award is at the lower level.
1. Grant Activity / Use
Please use the same title or description used in the narrative. Be sure to identify and list each activity to be
funded, if more than one is proposed for funding.
2. $ Requested
List the amount of Challenge Grant requested for each activity or use separately and the total amount of the
Challenge Grant requested.
3. Provider Name
Identify the specific entity, person, or agency to carry out each activity or use of the Challenge Grant Funding.
If the lead agency will perform the activity directly, cite the name of the lead agency. If another entity will carry
out the activity under contract with the lead agency, provide the legal name of that entity.
4. Location
Provide a specific street address or other easily identifiable location description, of where each activity will be
carried out. If the activity or service is to be provided at more than one location or site, please list all locations
or sites.
5. Homeless Population Served
For each activity, identify the homeless population to be served, and the estimated number of homeless
persons to be served. For example, specify whether the service is for single adults, youth, families, families
with children, or if special needs populations are serviced, like veterans, mentally ill, etc.
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EXHIBIT 6.B
EXPENDITURE SCHEDULE
Estimate Draw By Quarter Ending
Grant Activity/Use $ Budaeted 12/31/03 3/31/04 6/30/04
1. $ $~ $ $-
2. $ $- $ $-
3. $ $- $ $-
4. $ $- $ $-
5. $ $- $ $-
TOTAL GRANT $ $- $ $-
NOTE:
The funding for the Challenge Grant is state general revenue. It is estimated that no more than 25 percent of the
grant budget authority will be released in each quarter of the fiscal year. It may be less than 25 percent.
Accordingly, the lead agency shall manage the expenditures to assure that funding available for grant activities is
spread across the fiscal year.
8]
EXHIBIT 7
16Al
Re: Grant # HFZ09
4. Instructions for Continuum of Care Housing Gaps Analysis and Homeless Population Charts
Housing Gaps Analysis Chart
This required chart summarizes the information from the Fundamental Components in the CoC System -- Housing Activity Chart and
represents the CoC's judgment as to the need for additional emergency, transitional housing and permanent supportive housing resources.
The estimated unmet need is based upon the status of the inventory at a point-in-time (one-day) and takes into account both existing beds
and funded new beds that are not yet ready for occupancy but are under development.
Include this required chart with your Continuum of Care narrative in your Exhibit 1 submission.
1. Complete the first column "Current Inventory in 2003."
Enter the number of existing beds serving the community in 2003. This inventory includes only beds currently
available for occupancy. The completion of the "Current Inventory in 2003" for emergency
shelter, transitional housing, and permanent supportive housing beds must be carried over from the subtotals
shO\\1l under "Current Inventory" in each of the three housing component areas contained in the Fundamental
Components Housing Activity Chart.
2. Complete the second column "Under Development in 2003."
Enter the number of funded new beds not ready for occupancy but under development in 2003.
The completion of "Under Development in 2003" must be carried over from the subtotals shown under "Under
Development" in each of the three housing component areas contained in the Fundamental Components Housing
Activity Chart.
3. Complete the third column 'Unmet Need/Gap.'
Enter the number of beds the CoC determines to be the unmet remaining need for each category. This number should represent the need for
additional beds after the current inventory and under development inventories are considered. This represents the Continuum of Care's judgment on
the need for additional beds under each category.
Homeless Population and Subpopulations Chart
Completinl!: Part I: Homeless Population. This must be completed using statistically reliable, unduplicated counts or estimates of
homeless persons in sheltered and unsheltered locations at a one-day point in time. The counts must be from: (A) administrative records,
(N) enumerations, (8) statistically reliable samples, or (E) estimates_ The quality of the data presented in each box must be identified as:
(A), (N), (8) or (E).
Comoletinl!: Part 2: Homeless 8uboopulations. This must be completed using statistically reliable, un duplicated counts or estimates of
homeless persons in sheltered and unsheltered locations at a one-day point in time. The numbers must be from: (A) administrative records,
(N) enumerations, (8) statistically reliable samples, or (E) estimates. The quality of the data presented in each box must be identified as:
(A), (N), (S) or (E).
Sheltered Homeless. Count adults, children and youth residing in shelters for the homeless. 'Shelters' include all emergency shelters and transitional
shelters for the homeless, including domestic violence shelters, residential programs for runawaylhomeless youth, and any hotel/motel/apartment voucher
arrangements paid by a publidprivate agency because the person or family is homeless. Do not count: (1) persons who are living doubled up in
conventional housing; (2) formerly homeless persons who are residing in Section 8 SRO, Shelter Plus Care, SHP permanent housing or other permanent
housing units; (3) children or youth, who because of their own or a parent's homelessness or abandonment, now reside temporarily and for a short
anticipated duration in hospitals. residential treatment facilities, emergency foster care, detention facilities and the like; and (4) adults living in mental
health facilities, chemical dependency facilities, or criminal justice facilities.
Unsheltered Homeless. Count adults, children and youth sleeping in places not meant for human habitation. Places not meant for human habitation
include streets, parks, alleys, parking ramps, parts of the highway system, transportation depots and other parts of transportation systems (e.g. subway
tunnels, railroad car), all-night commercial establishments (e.g. movie theaters, laundromats, restaurants). abandoned buildings, building roofs or
stairwells, chicken coops and other farm outbuildings, caves, campgrounds, vehicles, and other similar places.
Form HUD-40076-CoC (2003)
OMS Approval No. 2506-0112 (exp. 06/30/2003)
82
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5. Methods used to Collect Information for the Housing Gaps Analysis and Homeless Population/Subpopulations
Charts
In order to assess the quality of the data identified by your community, please provide the following:
a. For Housing Gaps Analysis Chart identify the data source (e.g., City Shelter Survey), and the methods (e.g., mail survey) for
filling out the "Current Inventory in 2003" and "Under Development in 2003" columns. Briefly describe the basis for the
community's determination as to the amount ofunmet need for emergency shelter, transitional housing and permanent supportive
housing for the homeless.
b. Provide your community's definition ofemergency shelter and transitional housing.
c. For the Part 1 Homeless Population and Subpopulations Chart indicate the specific point-in-time date of data collection
(e.g., March 30, 2003) for both the "sheltered" and "unsheltered." This must be only a one- day/night count. Describe your
community's process and methods for collecting the data, including the reason(s) your community chose those methods. If your
community conducts an enumeration of persons at least annually or uses administrative data from outreach programs to those
living on the street, please provide a description of the lead agency/contact person and the process for data collection and
coverage in the community.
d. For the Part 2 Homeless Population and Subpopulations Chart indicate the methods for determining homeless
subpopulations in general and the chronic homeless in particular.
e. Describe your community's plans for conducting an annual update of the Fundamental Components in the coe System
Housing Activity Chart.
f. Describe your community's process for conducting regular point-in-time counts (not less than once every three years) of the
"sheltered" and "unsheltered" categories in order to complete Part I and 2 of the Homeless Population and Subpopulations Chart
and the collection methods you plan to use.
Form HUD-40076-CoC (2003)
OMS Approval No. 2506-0112 (exp. 06/30/2003)
83
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sis Chart
Current
Inventory in
2003
Under
Development in
2003
Un met Needl
Gap
Individuals
Exam
100
40
26
Beds
Emergencv Shelter
Beds Transitional Housing
Permanent Suooortive Housing
Total
Persons in Families With Children
Continuum of Care: Homeless Po ulation and Sub 0 ulations Chart
Part 1: Homeless Po ulation
Unsheltered
Total
Exam Ie:
1. Homeless Individuals
305
2. Homeless Families with Children
2a. Persons in Homeless Families
with Children
Total (lines 1 + 2a)
Part 2: Homeless Subpopulations
Sheltered
Unsheltered
Total
1.
2.
3.
4.
5.
6.
7.
Form HUD40076-CoC (2003)
OMS Approval No. 2506-0112 (exp. 06/30/2003)
84
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EXHIBIT 8
SAMPLE COUNTY HOMELESS POPULATION CHART
, 81 1''-' "'i
t) ~:\
sis Chart
Current
Inventory in
2003
Under
Development in
2003
Un met Need/
Gap
Individuals
Beds
100
40
26
Emergency Shelter
Beds Transitional Housing
Permanent Supportive Housing
Total
Persons in Families With Children
C
fC
H
p
I .
d S b
I .
Ch
ontmuum 0 are: orne ess opu atlOn an u JpOpU atlons art
Part 1: Homeless Population Sheltered Unsheltered Total
Emeroency Transitional < .... ..
Example: > 7SiAl 125 (A) ....... 105 (N) 305
I. Homeless Individuals
841 1,712 2,848 5,401
2. Homeless Families with Children
2a. Persons in Homeless Families
with Children 418 1,289 1,220 2,927
Total (lines 1 + 2a) 1,259 3,001 4,068 8,328
Part 2: Homeless Subpopulations Sheltered Unsheltered Total
I. Chronically Homeless
2. Seriously Mentally III
3. Chronic Substance Abuse
4. Veterans
5. Persons with HIV/AIDS
6. Victims of Domestic Violence
7. Youth
85
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EXHIBIT 9
OPERATIONAL DEFINITION OF HOMELESSNESS
-~ !
In order to promote further clarification regarding who is and is not homeless, as well as consistency with the
definition used in practice by U.S. HUD, the basic definition is expanded as follows:
A person is considered homeless only when he/she resides in one of the places described below:
1. In places not meant for human habitation, such as cars, parks, sidewalks, abandoned buildings (on the
street) .
2. In an emergency shelter.
3. In transitional or supportive housing for homeless persons who originally came from the streets or
emergency shelters.
4. In any of the above places, but is spending a short time (up to 30 consecutive days) in a hospital or other
institution.
5. Is being evicted within a week from a private dwelling unit and no subsequent residence has been identified
and the person lacks the resources and support networks needed to obtain housing.
6. Is being discharged within a week from an institution, such as a mental health or substance abuse
treatment facility, or a jail/prison, in which the person has been a resident for more than 30 consecutive
days and no subsequent residence has been identified and the person lacks the resources and support
networks needed to obtain housing.
7. Is fleeing a domestic violence housing situation, no subsequent residence has been identified, and the
person lacks the resources and support networks needed to obtain housing.
Examples of persons who are not homeless are those who are:
1. In housing, even though they are paying an excessive amount for their housing, the housing is substandard
and in need of repair, or the housing is crowded.
2. Incarcerated; however, upon discharge, the person is eligible if no subsequent residence has been
identified and the person lacks the resources and support networks needed to obtain housing.
3. Living with relatives or friends.
4. Living in a Board and Care, Adult Congregate Living Facility, or similar place.
5. Being discharged from an institution, which is required to provide or arrange housing upon release.
6. Wards of the State, including youth in foster care or juvenile detention facilities.
86
. 1
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Re: Grant # HFZ09
>., '
EXHIBIT 10
CERTIFICATION OF ESTIMATED NEED PER CATCHMENT AREA POPULATION
1. From your Homeless Population and Subpopulation Chart, enter the total estimated needs, expressed in the
number of homeless persons, for both "individuals" and "persons in families with children." Total these two
figures for a total estimated homeless population. .
Homeless Population
A. Individuals (line 1)
B. Persons in Families with Children
(line 2A)
TOTAL
(lines 1 & 2A)
Estimated Population (Sheltered and Unsheltered)
Persons
Persons
I Persons
2. Population of your Catchment Area. Using the data from the 2000 Census in Exhibit 5, calculate the population
of your catchment area.
County in Catchment Area
A.
B.
C.
2000 Population
TOTAL POPULATION
3. Calculate your continuum's estimated homeless population per every 1000 population. Divide the total number
of homeless persons by the total population of your catchment area, rounded to the nearest 1000 population.
Divide Total Estimated Need
equal
homeless persons by population of catchment area
homeless persons/1000 population.
to
NOTE: Round the number of persons to the nearest hundredth of a person.
4. Source of Estimated Need Data.
Homeless Population Chart on file with Office on Homelessness as of July 15, 2003.
Amended Homeless Population Chart, as attached, with supporting narrative on the methodology
used.
Lead Agency Certification:
I hereby attest and certify that the above data is true and accurate; that the above data on estimated needs is
based upon a homeless population chart which uses data that (1) represents the housing need for homeless
persons in the catchment area on any given night; (2) is not adjusted through the use of multipliers or other
means; (3) is derived directly from street counts, point-in-time surveys, homeless management information
systems, service provider agency records, or other similar empirical methods; (4) includes only persons who
are homeless according to the operational definition of homelessness used by HUD; and, (5) represents an
unduplicated count or estimate to the greatest extent possible; OR that the data reported is based upon an
adjusted estimate of homeless needs adopted by the continuum of care, which meets the above five data
requirements.
87
Re: Grant # HFZ09
Name of Lead Agency:
1 6 A 1 .. "1
Name of Lead Agency Certifying Official:
Signature of Certifying Official:
Date Signed:
FAILURE TO PROVIDE AN ORIGINAL SIGNED CERTIFICATION IN THE APPLICATION SHALL BE
CAUSE FOR THE APPLICATION TO BE RANKED LAST ON THE NEED PREFERENCE CRITERIA.
NOTE:
If this certification is based upon the use of adjusted need data, then the lead agency must attach
documentation to include an adjusted homeless population chart and written narrative clearly describing the
methodology used to meet the data standard contained in the certification. Failure to provide this material shall
cause the certification to be invalid and the application shall be ranked last on this scoring criterion.
88
Re: Grant # HFZ09
EXHIBIT 11
NOTICE OF STATUTORY LIEN
16~ll
't;,..~
Notice is hereby given that pursuant to Section 402.73(11) F.S., the State of Florida, Department of
Children and Families, hereby asserts and gives notice of a statutory lien in the amount of $
against the following described property:
[INSERT LEGAL DESCRIPTION AND STREET ADDRESS HERE]
The department has a financial interest in the described property equal to a pro rata portion of the state's
original investment in the then-fair-market value for renovations, or its proportionate share of the cost of the
construction as compared to the then fair market value of the property upon the completion of the renovations or
construction, which interest is in the amount of $ dollars as set out above.
The department's interest is to be proportionately reduced and subsequently vacated over a year
period of depreciation unless this lien is satisfied before that time. As a condition of receipt of state funding for this
construction or renovation the owner agrees that if it disposes of the property before the department's Lien interest
is vacated, the provider will refund the proportionate share of the state's initial investment, as adjusted by
depreciation. Estoppel letters or other information concerning this lien may be obtained by contacting:
[insert Title of person to be contacted]
at: Department of Children and Family Services
Address
For the Department:
Date:
Prepared by: [District Legal Counsel]
89
ATTACHMENT III
FINANCIAL AND COMPLIANCE AUDIT
90
16Al~~'
Re: Grant # HFZ09
16Al
A TT ACHMENT III
The administration of resources awarded by the Department of Children & Families to the proyider may be
subject to audits as described in this attachment.
:MONITORING
In addition to reviews of audits conducted in accordance with OMB Circular A-I33 and Section 215.97,
F.S., as revised, the Department may monitor or conduct oyersight reviews to eyaluate compliance with
contract, management and programmatic requirements. Such monitoring or other oversight procedures
may include, but not be limited to, on-site visits by Department staff, limited scope audits as defmed by
OMB Circular A-133, as revised, or other procedures. By entering into this agreement, the recipient agrees
to comply and cooperate with any monitoring procedures deemed appropriate by the Department. In the
event the Department determines that a limited scope audit of the recipient is appropriate, the recipient
agrees to comply with any additional instructions provided by the Department regarding such audit. The
recipient further agrees to comply and cooperate with any inspections, reyiews, investigations, or audits
deemed necessary by the Department of Financial Seryices or the Auditor General.
AUDITS
PART I: FEDERAL REQUIREMENTS
This part is applicable if the recipient is a State or local goyemment or a non-profit organization as defined
in OMB Circular A-133, as revised.
In the event the recipient expends $300,000 ($500,000 for fiscal years ending after December 31, 2003) or
more in Federal awards in its fiscal year, the recipient must have a single or program-specific audit
conducted in accordance with the provisions ofOMB Circular A-B3, as revised. In determining the
Federal awards expended in its fiscal year, the recipient shall consider all sources of Federal awards,
including Federal resources received from the Department of Children & Families. The determination of
amounts of Federal awards expended should be in accordance with guidelines established by OMB Circular
A-133, as revised. An audit of the recipient conducted by the Auditor General in accordance with the
provisions of OMB Circular A- I 33, as reyised, will meet the requirements of this part. In connecti'on with
the aboye audit requirements, the recipient shall fulfill the requirements relative to auditee responsibilities
as proYided in Subpart C ofOMB Circular A-B3, as revised.
The schedule of expenditures should disclose the expenditures by contract number for each contract with
the Department in effect during the audit period. The fmancial statements should disclose whether or not
the matching requirement was met for each applicable contract. All questioned costs and liabilities due the
Department shall be fully disclosed in the audit report package with reference to the specific contract
number.
Grant Page 91
Grant #HFZ09
16
"'t-;
1
P ART II: STATE REQUIREMENTS
This part is applicable if the recipient is a nonstate entity as defmed by Section 215.97(2)(1), Florida
Statutes.
In the event the recipient expends a total amount of state fmancial assistance equal to or in excess of
$300,000 in any fiscal year of such recipient, the recipient must have a State single or project-specific audit
for such fiscal year in accordance with Section 215.97, Florida Statutes; applicable rules of the Executive
Office of the Governor, the Department of Financial Services and Chapters 10.550 (local goyemmental
entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General. In determining
the state financial assistance expended in its fiscal year, the recipient shall consider all sources of state
financial assistance, including state financial assistance received from the Department of Children &
Families, other state agencies, and other nonstate entities. State fmancial assistance does not include
Federal direct or pass-through awards and resources received by a nonstate entity for Federal program
matching requirements.
In connection with the audit requirements addressed in the preceding paragraph, the recipient shall ensure
that the audit complies with the requirements of Section 215.97(7), Florida Statutes. This includes
submission of a financial reporting package as defined by Section 215.97(2)( d), Florida Statutes, and
Chapters 10.550 or 10.650, Rules of the Auditor General.
The schedule of expenditures should disclose the expenditures by contract number for each contract with
the Department in effect during the audit period. The fmancial statements should disclose whether or not
the matching requirement was met for each applicable contract. All questioned costs and liabilities due the
Department shall be fully disclosed in the audit report package with reference to the specific contract
number.
PART III: REPORT SUBMISSION
Any reports, management letters, or other information required to be submitted to the Department pursuant
to this agreement shall be submitted within 180 days after the end of the provider's fiscal year or within 30
days of the recipient's receipt of the audit report, whichever occurs flTst, directly to each of the following
unless otherwise required by Florida Statutes:
A. Contract manager for this contract (2 copies)
B. Department of Children & Families
ASFMI
Building 2, Room 301
1317 Winewood Boulevard
Tallahassee, FL 32399-0700
C. Copies of the reporting packages for audits conducted in accordance with OMB Circular A-133, as
revised, and required by Part I of this agreement shall be submitted, when required by Section .320(d),
OMB Circular A-133, as revised, by or on behalf of the recipient directly to the Federal Audit
Clearinghouse designated in OMB Circular A-133, as reyised (the number of copies required by
Sections .320(d)(I) and (2), OMB Circular A-133, as reyised, should be submitted to the Federal
Auditing Clearinghouse), at the following address:
Grant Page 92
Grant #HFZ09
16Al
Federal Audit Clearinghouse
Bureau of the Census
1201 East lOth Street
Jeffersonville, IN 47132
and other Federal agencies and pass-through entities in accordance with Sections .320(e) and (t),
OMB Circular A-133, as revised.
D. Copies of reporting packages required by Part II of this agreement shall be submitted by or on behalf
of the recipient directly to the following address:
Auditor General's Office
Room 401, Pepper Building
111 West Madison Street
Tallahassee, Florida 32399-1450
Proyiders, when submitting audit report packages to the Department for audits done in accordance with
OMB Circular A-133 or Chapters 10.550 (local goyemmental entities) or 10.650 (nonprofit or for-profit
organizations), Rules of the Auditor General, should include, when ayailable, correspondence from the
auditor indicating the date the audit report package was delivered to them. When such correspondence is
not ayailable, the date that the audit report package was delivered by the auditor to the provider must be
indicated in correspondence submitted to the Department in accordance with Chapter 10.558(3) or Chapter
10.657(2) Rules of the Auditor General.
PART IV: RECORD RETENTION
The recipient shall retain sufficient records demonstrating its compliance with the terms of this agreement
for a period of six years from the date the audit report is issued and shall allow the Department or its
designee, the Department of Financial Services, or the Auditor General access to such records upon
request. The recipient shall ensure that audit working papers are made available to the Department or its
designee, the Department of Financial Services, or the Auditor General upon request for a period of three
years from the date the audit report is issued, unless extended in writing by the Department.
Grant Page 93
Grant #HFZ09
A TT ACHMENT IV
MONTHL Y STATUS REPORT
94
11
Grant # HFZ09
ATTACHMENT IV
2004 CHALLENGE GRANTI Grant # HFZ09
MONTHLY REPORT
r::l
I
..rJ
LEAD AGENCY: Collier County Board of County Commissioners
REPORT PERIOD:
1. Financial
Provide a line item review of the grant funds received and disbursed to sub-grantees for each activity or
use contained in your Challenge Grant applications.
TOTAL GRANT AWARD: $82.500.00
TOTAL GRANT RECEIVED:
TOTAL GRANT DISBURSED TO DATE:
Challenge Grant Activity/Use
Original
Budoeted
Grant $
Received
Expended
(to date)
Balance
Due
1.
2.
3.
2. Progress on Completion of the Grant Activity(s)
For each funded activity, provide a concise written narrative that compares work accomplished to date
versus planned timeframes for completion of the activity as outlined in your application.
Provide detailed explanations for any delays in carrying out a grant activity, its cause, and steps being
taken to assure completion of the activity or use by June 30, 2004.
Should any activity be identified as facing the likelihood of NOT BEING ABLE TO BE COMPLETED BY
JUNE 30, report on the activity, the cause, and corrective actions (amendment to reduce grant award,
return of funds, identification of other uses that could be completed by June 30, etc.).
3. Performance Measures
The Lead Agency shall provide a thorough evaluation of the effectiveness of the Challenge Grant in
achieving the stated purpose set forth by the Lead Agency in its application for funding. The Lead
Agency shall document progress toward achieving the performance measures outlined in their
application.
In addition, the Lead Agency shall document and report on the number of homeless persons/families
served by each funded activity.
95
Grant #HFZ09
ATTACHMENT IV
16n~i
Ql ..L
Activity Type of Number of Number of Homeless Describe Homeless Population
Service Homeless Served Served Contract served (Adults, Families, Children,
Provided for the Month Period to Date Youth, Veterans, etc.)
.
Activity Number of Housinc Status of Person Served.
Homeless Emerg. Trans. Street My Discharged Friend Motel Not able Other
Served Shelter Housing Own from or to
Year-to-Date Home Jail/Hospital Relative's Determine
Treatment Home
Facility
Enter Aggregate Totals Only. NO individual client level data shall be reported.
*Housing status of the person served at the time they accessed or first received services funded under the
2004 Challenge Grant.
Provide a copy of this report to both your DCF Contract Manager and to the Office on Homelessness.
CERTIFICATION OF ACCURACY
LEAD AGENCY CONTACT:
Type Name
Signature
Date:
96
Grant #HFZ09
16ftjl.
ATTACHMENT V
REQUEST FOR RELEASE OF FUNDS SCHEDULE
97
Grant # HFZ09
10/15/03
A
~ 1.
n, .
CHALLENGE GRANT
Attachment V
Request for Release of Funds Schedule
In accordance with the terms and conditions of the Challenge Grant Agreement the Grantee has
been awarded the amount of $82.500.00, and the Department shall release these funds in
accordance with the following schedule, subject to the availability of funds:
DATE
AMOUNT
January 30, 2004
$27,500.00
February 29,2004
$27,500.00
$27,500.00
May 31,2004
For each payment request the Grantee shall prepare and submit a request for release of funds on
the Grantee's stationary.
98
Grant #HFZ09
16Al
"Attachment B"
AGREEMENT BETWEEN COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS
AND
The Collier County Hunger & Homeless Coalition
State of Florida Challenge Grant
Grant #HFZ09
TillS AGREEMENT is entered into this day of , 2L by and between Collier County, a
political subdivision of the State of Florida, hereinafter referred to as "county", and the Collier County HUDeer &
Homeless Coalition (CCHHC), a private not-for-profit corporation existing under the laws of the State of Florida,
hereinafter referred to as "SUBRECIPIENT."
WHEREAS, Collier County has made application to the State of Florida Office on Homelessness, effective January 27,
2004, and entered into an agreement with the State of Florida Department of Children and Families on behalf of the
State Office on Homelessness, hereinafter referred to as "DCF", to act on it's behalf in the oversight and administration
ofthe State Challenge Grant, hereinafter referred to as "CG".
WHEREAS, pursuant to the aforesaid application County is undertaking certain activities to primarily benefit persons
residing in Collier County who are homeless or at-risk ofhomelessness.
WHEREAS, County believes it to be in the public interest to provide certain activities to Collier County residents
through the SUBRECIPIENT according to this agreement, the SUB RECIPIENT' S intent as stated in the proposal and
attached exhibits and all other terms and conditions as specified.
WHEREAS, County, in accordance with the State Challenge Grant (CG) terms, and Sub-recipient desire to provide
the activities specified in the CG application; and
WHEREAS, the County desires to engage the SUBRECIPIENT to implement such undertakings of the Homeless
Manaeement Information System Proeram as stated in the approved CG application as a valid and worthwhile
County purpose.
Page I of 9
f 6A~ 1
NOW, THEREFORE, in consideration of the mutual promises and covenants herein contained, it is agreed as follows:
ARTICLE ONE:
DEFINITION AND PURPOSE
A. DEFINITIONS
(1) "F AH" means Collier County Board of County Commissioners, Department of Financial
Administration and Housing, and where applicable, its authorized representative(s).
(2) "DCF" means the State of Florida Department of Children and Families as the agent for the State
Office on Homelessness.
(3) "CG" means the State of Florida Challenge Grant Program.
(4) "SUBRECIPIENT" means 501 (cX3) non-profit Coalition/Continuum of Care Member Agency.
(5) "FAH Approval" means written approval ofFAH department.
B. PURPOSE
The purpose of this Agreement is to state the covenants and conditions under which the SUBRECIPIENT will
implement the Scope of Services set forth in ARTICLE Two of this Agreement. One hundred percent (100%)
of the beneficiaries of a project funded under this Agreement must be persons who are homeless or at-risk of
homelessness.
ARTICLE TWO:
SCOPE OF SERVICES
The SUB RECIPIENT, in a manner satisfactory to the F AH, shall carry out or cause to be carried out all services
described or referred to in Exhibit "A," and shall submit each request for reimbursement using the cover sheet in
Exhibit "B," which are attached hereto and made a part hereof. Such services shall be performed, except as otherwise
specifically stated herein, by persons or instrumentalities solely under the dominion and control of the
SUB RECIPIENT.
ARTICLE THREE: TIME OF PERFORMANCE
The timely performance and completion of the required Scope of Service is vitally important to the interest of DCF.
The F AH shall pay invoices directly with SUB RECIPIENT approval or reimbursement to the SUBRECIPIENT for the
services described in ARTICLE Two and performed by the SUB RECIPIENT starting on the date of execution of this
contract and continuing until the deadline for completion of the Scope of Services on June 30, 2004. All such services
shall be performed by the SUBRECIPIENT in accordance with the applicable DCF requirements and with all
requirements of this Agreement, and payment will be contingent thereupon. The SUBRECIPIENT shall complete all
services described in Exhibit A, on or before the deadline date. No exceptions or extensions shall be granted.
ARTICLE FOUR:
CONSIDERATION AND LIMITATION OF COSTS
A. The SUBRECIPIENT shall be paid by the FAH for allowable costs as specified in the grant contract with DCF,
in an amount not to exceed $82.500.00 for the services described in Exhibit "A". In an event the project costs
exceed the stated amount, the SUBRECIPIENT shall be responsible for the excess.
B. All improvements specified in Exhibit "A" shall be performed by SUBRECIPIENT employees, or shall be put
out to competitive bidding under a procedure acceptable to the F AH and state requirements. The
SUBRECIPIENT shall enter into contract for improvements with the lowest responsive and responsible bidder.
Contract administration shall be handled by the SUBRECIPIENT and monitored by the F AH, which shall have
access to all records and documents related to the project.
Page 2 of 9
ARTICLE FIVE:
PAYMENTS
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A. Invoices that have been approved by the SUBRECIPIENT shall be paid directly by F AH or, F AH shall
reimburse the SUBRECIPIENT. In both cases, payment will be limited to items in Exhibit A.
B. The SUBRECIPIENT shall submit payment requests to F AH using the cover sheet in Exhibit "B," which is
attached hereto and made a part hereof. These requests will only be approved if:
1. The contractor's/vendor's requests for payment has been reviewed and approved by the
SUB RECIPIENT as stated on the Certificate of Payment and the attached original invoice. In no event
shall the F AH provide advance funding to the SUB RECIPIENT or any other subcontractors/vendors
hereunder.
2. This Agreement does not include reimbursement for project administration expenses.
3. For purposes of this section, originals of invoices, receipts, or other evidence of indebtedness shall be
considered proper documentation. When original documents cannot be presented, the SUBRECIPIENT
must adequately justify their absence, in writing, and furnish copies.
4. Upon receipt of the above enumerated documentation, and approval by F AH or designee, Payment
shall be made by F AH.
C. All disbursements by the SUBRECIPIENT must be fully documented to the FAR so as to be available, on
request, for inspection or audit in accordance with the provisions of ARTICLE Nine herein below.
D. Within thirty (30) days after completion of all services to be perfonned by it, the SUBRECIPIENT shall render
a final and complete statement to the F AH of all costs and charges for services not previously invoiced. The
F AH shall not be responsible for payments of any charges, claims or demands of the SUBRECIPIENT received
after June 15,2004.
ARTICLE SIX:
COMPLIANCE WITH LOCAL AND STATE RULES, REGULATIONS AND LAWS
During the perfonnance of this Agreement, the SUBRECIPIENT agrees to comply with any applicable laws, rules,
regulations and orders that may be applicable to CG activities.
ARTICLE SEVEN:
PROJECT PUBLICITY
Any news release or other type of publicity pertaining to the project as stated herein must recognize the F AH as the
recipient funded by the State of Florida Office on Homelessness through the Department of Children and Families as
the entity that provided funds for the project.
ARTICLE EIGHT: MANAGEMENT ASSISTANCE
CCHHC will designate a person to be available to the Coalition Member Agencies participating in the Homeless
Management Infonnation System Project to provide guidance on CG requirements.
Page 3 of 9
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ARTICLE NINE:
MAINTENANCE OF RECORDS
The SUBRECIPIENT shall maintain the following records.
A. The SUBRECIPIENT shall maintain such records, accounts, property records, and personnel records,
as are deemed necessary by the F AH to assure proper accounting of project funds and compliance with
the provisions of this Agreement.
The SUBRECIPIENT shall maintain all necessary financial records as required by DCF Regulations
and shall maintain the following financial records:
1. An invoice and a copy of a warrant for all items purchased and paid for under standard
SUBRECIPIENT procedures;
2. The current, prevailing Agreement, all project contracts and corresponding billings and copies
of warrants.
B. SUBRECIPIENT shall maintain records showing contractor compliance with the Contract Work Hours
and Work Safety Law. Similarly, the SUBRECIPIENT shall maintain records showing compliance
with state purchasing requirements and with other state requirements for grant implementation.
C. The SUBRECIPIENT shall maintain project records and financial information so that the State could
conduct an audit of CG activities and funds. All audits covering the use of CG funds shall be provided
to the F AH department staff.
D. All records and contracts of whatever nature required by this Agreement shall be available for audit,
inspection or copying at any time during normal business hours and as often as F AH staff or DCF, may
deem necessary. F AH shall have the right to obtain and inspect any audit pertaining to the
performance of this Agreement made by any local, state or federal agency. The SUBRECIPIENT shall
retain all of its records and supporting documentation applicable to the Agreement for six (6) years
after completion of the project.
ARTICLE TEN:
EVALUATION
The SUBRECIPIENT shall provide the F AH a final report summarizing progress, timetables, and financial information
for monitoring and evaluating all aspects of Project activities.
ARTICLE ELEVEN:
CONTRACT LIABILITY
The F AH shall not be responsible to any person, firm, or corporation (except the SUBRECIPIENT) for assignment of
any aspects including providing goods or services to the SUBRECIPIENT in connection with the services it has agreed
to perform hereunder, or for debts or claims accruing to such parties against the SUBRECIPIENT; and there is no
contractual relationship, either express or implied, between F AH and any other person, firm, or corporation supplying
any work, labor, services, goods or materials to the SUBRECIPIENT as a result of its services to F AH hereunder.
ARTICLE TWELVE: CONTRACTS
All contracts made by the SUB RECIPIENT to carry out the activities described in Exhibit "A" shall be made in
accordance with all applicable laws, rules and regulations stipulated in this Agreement. Any work or services
contracted hereunder shall be specified by written contract or Agreement and shall be subject to each Article set forth in
this Agreement.
Page 4 of 9
ARTICLE THIRTEEN:
CONFLICT OF INTEREST
D. ]
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No employee, agent, consultant, officer or elected official or appointed official of the SUB RECIPIENT who exercises
or have exercised any function or responsibility with respect to CG activities assisted under or who are in the position
to participate in a decision making process or gain inside information with regard to such activities, may obtain a
financial interest or benefit from a CG assisted activity, or have a fmancial interest in any contract, subcontract or
agreement with respect to a CG assisted activity or with respect to the proceeds of the CG assisted activity, either for
themselves or those with whom they have family or business ties, during their tenure or for one year thereafter.
ARTICLE FOURTEEN: INDEMNIFICATION
The SUBRECIPIENT and his Contractor shall pay on behalf of or indemnifY and hold harmless the FAR, its officers,
employees, agents, and volunteers from and against any and all claims, actions, damages, fees, fines, penalties, defense
costs, suits or liabilities which may arise out of any act, neglect, omission or default of the SUBRECIPIENT or
Contractor arising out of or in any way connected with the SUBRECIPIENT'S or Contractor's (or officers, employees,
agents, volunteers and subcontractors, if any) performance or failure to perform under the terms of this Contract. For
Construction activities the following applies: In conformance with Section 725.06 Florida Statutes, the specific
consideration given for the promises the Contractor sets forth in this Article is one dollar ($1.00) in hand paid by the
F AH to the Contractor, receipt thereof is here by acknowledged and the adequacy of which the Contractor accepts as
completely fulfilling the obligations of the F AH under the requirements of Section 725.06 Florida Statutes. This
section of the contract will extend beyond the term of the contract.
SUBRECIPIENT, at its sole expense, shall keep the improvements to the real property, which is the subject matter of
this Agreement, including any expansion or renovation, insured against loss or damage by fire and extended coverage
hazards. Insurance shall be provided in an amount equal to one hundred percent (100%) of the full replacement value
of the improvements with a loss payable clause in favor of F AH, DCF and SUBRECIPIENT, as their interests may
appear. Should a sum of money become payable by virtue of any loss under such insurance, then the funds shall be
applied to the repair or reconstruction of the existing improvements which have been damaged, unless the parties hereto
mutually agree to another or different application of insurance proceeds realized.
ARTICLE FIFTEEN:
INSURANCE
The SUBRECIPIENT shall procure and maintain adequate insurance coverage, and the SUBRECIPIENT
agrees this coverage shall be provided on a primary basis.
I. COMMERCIAL GENERAL LIABILITY
The SUB RECIPIENT shall agree to maintain Commercial General Liability at a limit of liability not
less than $100,000 per person and $200,000 per accident/occurrence per Florida Statutes ~ 768.28 and
$2,000,000 per accident for federal and outside Florida litigation per Florida Statutes ~ 768.28.
Coverage shall not contain any endorsement excluding Contractual Liability or Cross Liability unless
granted by the County's Risk Management Department. The SUBRECIPIENT agrees this coverage
shall be provided on a primary basis.
2. BUSINESS AUTOMOBILE LIABILITY
The SUBRECIPIENT shall agree to maintain Business Automobile Liability at a limit of liability not
less than $100,000 per person and $200,000 per accident/occurrence per Florida Statutes ~ 768.28 and
$2,000,000 per accident for federal and outside Florida litigation per Florida Statutes ~ 768.28 for all
owned, non-owned and hired automobiles. The SUBRECIPIENT shall agree to maintain physical
damage coverage for a period not less than 10 years with deductibles not exceeding $1000 for
Comprehensive and Collision. Collier County Board of County Commissioners shall be endorsed
Page 5 of 9
16Al
to the policy as a Loss Payee. The SUBRECIPIENT shall agree to be fully responsible for any
deductibles, self-insured retention or uncovered losses. The SUBRECIPIENT agrees this
coverage shall be provided on a primary basis.
3. ADDITIONAL INSURED
The SUB RECIPIENT shall agree to endorse the COUNTY as an Additional Insured with a CG 2026
Additional Insured - Designated Person or Organization endorsement, or its equivalent, to the
Commercial General Liability. The Additional Insured endorsement shall read "Collier County Board
of County Commissioners. a Political Subdivision of the State of Florida., its Officers. Employees. and
Agents. c/o Department of Financial Administration and Housing". The SUBRECIPIENT shall agree
the Additional Insured endorsements provide coverage on a primary basis.
4. CERTIFICA TE OF INSURANCE
The SUBRECIPIENT shall agree to deliver to the COUNTY a certificate(s) of insurance evidencing
the required insurance is in full force and effect within thirty (30) calendar days prior to the execution
of this Agreement by the COUNTY. A minimum thirty (30) day endeavor to notifY due to cancellation
or non-renewal of coverage shall be included on the certificate(s).
5. RIGHT TO REVIEW AND ADJUST
The SUBRECIPIENT agrees that the COUNTY, by and through its Purchasing or Risk Management
Department, in cooperation with the Department of Financial Administration and Housing, reserves the
right to periodically review, modify, reject or accept any required policies of insurance, including
limits, coverage's, or endorsements, herein from time to time throughout the life of this Agreement.
The COUNTY reserves the right, but not the obligation, to review and reject any insurer providing
coverage because of its poor financial condition or failure to operate legally.
ARTICLE SIXTEEN:
NON-ASSIGNABILITY
The SUBRECIPIENT may not assign this Agreement without the prior written consent of the F AH and DCF.
ARTICLE SEVENTEEN:
HEADINGS
All articles and descriptive headings of paragraphs in this Agreement are inserted for convenience only and shall not
affect the construction or interpretation hereof
Page 6 of 9
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ENTIRE UNDERSTANDING This Agreement and its provisions merge any prior agreements, if any,
between the parties hereto and constitutes the entire understanding. The parties hereby acknowledge that
there have been and are no representations, warranties, covenants, or undertakings other than those
expressly set forth herein.
WITNESS our Hands and Seals on this
day of
. 20~
NAME OF SUBRECIPIENT:
BY:
Signature
BY:
Print Name
(SUBRECIPIENT SEAL)
ATTEST:
DWIGHT E. BROCK, CLERK
COLLIER COUNTY, FLORIDA
By:
Deputy Clerk
By:
JOSEPH K. SCHMITT, ADMINISTRATOR
COMMUNITY DEVELOPMENT and
ENVIRONMENTAL SERVICES
Approved as to form and
legal sufficiency:
Patrick G. White
Assistant County Attorney
Page 7 of 9
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SUB-RECIPIENT AGREEMENT FOR
COLLIER COUNTY HUNGER & HOMELESS COALITION
EXHIBIT "A"
SCOPE OF SERVICES
SUBRECIPIENT AGREES TO:
SECTION I
ACTIVITY DESCRIPTION
The Subrecipient is the umbrella organization and who will coordinate and implement the Homeless Management
Information System as well as providing a systems administrator who will be available to each participating agency to
provide on-going training and technical assistance.
The Challenge Grant funding of $82,500 will be used for personnel costs related to the contract employment of a
Systems Administrator and to purchase the system software for HMIS implementation. Any remaining funds will be
used to purchase necessary hardware for the participating agencies.
SECTION II
AREA OF SERVICE
The homeless population served will be all homeless and at-risk of homelessness individuals III Collier
County .
SECTION III
WORK SCHEDULE
January 2004 - Sign contract with software vendor
February 2004 - Hire Systems Administrator
June 2004 - HMIS implementation in progress - completion in August 2004
SECTION IV
WORK REVISIONS
The work elements contained herein set forth specific objectives, activities, and schedules. All requests for
revisions to Section I through III may be deemed necessary by the Subrecipient, but are subject to prior
written approval by F AH.
SECTION V
THE F AH AGREES TO:
A. Provide funding for the above specified improvements described in the Scope of the Project, during the term of
this Agreement, in the amount of $82.500.00.
B. Provide project administration and inspection to the SUBRECfPIENT to ensure compliance with the
Department of Labor, and applicable State, Federal and County laws and regulations.
C. Monitor the SUBRECIPIENT at any time during the term of this Agreement. Visits may be scheduled or
unscheduled as determined by F AH, be conducted by F AH staff, and will serve to ensure compliance with
DCF regulations, that planned actiyities are conducted in a timely manner, and to yerify the accuracy of
reporting to F AH on program activities.
Page 8 of 9
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EXHIBIT "8"
REQUEST FOR PAYMENT
REQUEST FOR PAYMENT
SECTION 1: REQUEST FOR PAYMENT
Subrecipient Name:
Subrecipient Address:
Project Name:
Project No:
Payment Request #
Dollar Amount Requested: $
SECTION II: STATUS OF FUNDS
1. Grant Amount Awarded $
2. Sum of Past Claims Paid on this Account $
3. Total Grant Amount Awarded Less Sum
Of Past Claims Paid on this Account $
4. Amount of Previous Unpaid Requests $
5. Amount of To day's Request $
6. Current Grant Balance (Initial Grant
Amount A warded Less Sum of all
Requests) $
7. If applicable amount held as retainage to
date by the F AH, if not retained by $
the sub-recipient.
I certify that this request for payment has been drawn in accordance with the terms and conditions of
the Agreement between the FAH and us as the Sub-recipient. I also certify that the amount of the
Request for Payment is not in excess of current needs.
Signature
Date
Title
Authorizing Grant Coordinator:
Supervisor:
Department Director:
Page 9 of 9
11 I,~ ,..';
EXHIBIT 12
LEAD AGENCY ADMINISTRATIVE INFORMATION
The department is not responsible for the cost of preparation of any application. Any expenses
incurred in the preparation of an application must be borne exclusively by the Lead Agency.
Collier County Board of Commissioners
Complete Legal Name of
Lead Aj2;ency
Department of Financial Administration and Housing
Address including City, 2800 N. Horseshoe Drive, Suite 400
Naples, FL 34104
County, State and Zip Code
Name and Title of Donna Fiala, Chair
Authorized Official Collier County Board of Commissioners
Name and Title of Contact Janeen D. Person, Grants Development Coordinator
Person
Phone Number including (239) 213-2901
Area Code
J aneenPerson@colliergov.net
E- Mail Address
Vendor Identification 59-6000558
Number (Federal Employer
Identification Number)
Fiscal Year End Date September 30th
(Month and Day only)
Geographic Area Served Collier
(Counties)
Type of Entity: o State o Municipal
I X County o For Profit Organization
I o Other (Describe) o Nonprofit Organization
(Attach IRS 501 c 3 or other support document)
The lead agency certifies that the facts and informaticn contained in this application and
any attached documents are true and correct and the le8d agency accepts the grant terms
and con~rl
Signatu"L~e:i":! Date
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Ass/stant County Attorney
MEMORANDUM
Date: February 27, 2004
To: Gary Young, HUD Grant Analyst
Financial Administration & Housing
From: Linda A. Houtzer, Deputy Clerk
Minutes & Records Department
Re: Challenge Grant Agreement between Collier
County Board of County Commissioners and State
Of Florida Department of Children and Families
Enclosed please find three (3) original documents as
referenced above, Agenda Item #16A, approved by the
Board on Tuesday, February 10, 2004.
Please forward to the appropriate parties for
signatures and return a fully exectuted document to
Minutes and Records.
If you should have any questions, please contact our
department at 774-8411.
Thank you.
16 ,~ ,
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10-15-03
THE STATE OFFICE ON HOMELESSNESS
CHALLENGE GRANT AGREEMENT
Collier County Board of County Commissioners
(Grantee's Name)
and
State of Florida
Department of Children and Families
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WHEREAS the State Office on Homelessness of the Department of Children a~ld Families
(hereinafter Department) \/ith the concurrence of the Council on Homelessness has been tasked
by section 420.622 Florida Statutes, to accept and administer monies appropriated to it for the
purpose of awarding challenge grants to lead agencies for homeless assistance continuums of
care, and
WHEREAS the Department has received a grant application from the Collier County Board of
County Commissioners in Collier County, (hereinafter Grantee), and
WHEREAS it appears to the department that there is a need to provide the services described in
that application,
NOW, THEREFORE, The Department hereby awards the sum of $82,500.00 Dollars to
Grantee under the following terms and conditions:
1. The application filed with the Department by the Grantee dated September 9, 2003 and
attached to this agreement as Attachment 1 is hereby incorporated within this agreement as if
fully set out at length here. The solicitation document upon which that application is based is
also hereby incorporated within this agreement as if fully set out here and is designated
Attachment II.
2. Grantee hereby agrees to perform the tasks and to provide the services described in that
application as described in Attachment 1 with the following exceptions:
· On or before February 29,2004, the grantee will provide the department with a detailed line
item budget and budget narrative indicating how the grant funds will be expended.
· On or before February 29, 2004, the grantee will provide the department with a time line
indicting the hiring date of the system administrator and purchasing of system soft and
hardware.
3. Grantee agrees that it will award subgrants as described in its application and that it will do all
those things which it asserted that it will do in that application including supervising and
coordinating expenditures made by subgrantees. Grantee further agrees that it will use due
diligence in supervising its subgrantees to assure that funds are expended for the purposes
intended and that a full accounting for these grant funds is made.
GRANT#HFZ09
10-15-03
THE STATE OFFICE ON HOMELESS.NESS 1 II
6 J.i
4. Where there is a conflict between the grant application incorporated herein by reference and
this Challenge Grant Agreement, this Challenge Grant Agreement shall prevail.
5. In accordance with sections 11.062 and 216.347, F.S., no funds provided by this grant may be
expended for the purpose of lobbying the Legislature, the judicial branch, or a state agency.
6. This Challenge Grant Agreement is executed and entered into in the State of Florida, and shall
be construed, performed, and enforced in all respects in accordance with the applicable State of
Florida and Federal laws. Each party ~hall perform its obligations herein in accordance with the
terms and conditions of this grant agreement. It is hereby agreed by the parties that in the event
that litigation by either party to this grant agreement becomes necessary that venue shall be
proper in Leon County, Florida.
7. Grantee agrees to maintain complete, accurate and adequate records, including financial
records, relating to funds received pursuant to this Challenge Grant Agreement and of all
expenditures made by Grantee and its subgrantees with grant funds. The Grantee will require
audit and record keeping requirements in all subgrants and assignments. All records shall be in
sufficient detail to permit a proper pre audit and a post audit of all expenditures.
8. Grantee agrees to provide a financial and compliance audit to the Department as specified in
this Challenge Grant Agreement and in Attachment III and to ensure that all related party
transactions are disclosed to the auditor.
9. Grantee agrees to retain all financial records, supporting documents, statistical records and
any other documents, whether kept by electronic storage media or otherwise, pertinent to this
Challenge Grant Agreement for a period of not less than six (6) years after the starting date of
this Challenge Grant Agreement, or if audit findings have not been resolved at the end of the six
(6) year period, the records shall be retained until resolution of the audit findings. State auditors
and any persons duly authorized by the Department shall have full access to, and shall have the
right to examine any of the said materials at any time during regular business hours.
10. Grantee agrees to furnish the Department with monthly status reports, Attachment IV to this
Challenge Grant Agreement.
11. Grantee agrees to be liable for all claims, suits, judgments, or damages, including court costs
and attorney's fees, arising out of the negligent or intentional acts or omissions of the grantee, and
its agents, subgrantees and employees, during performance pursuant to this Challenge Grant
Agreement. Further, the Grantee agrees to indemnify the Department against all claims, suits,
judgments, or damages, including court costs and attorney's fees, arising out of the negligent or
intentional acts or omissions of the Grantee, and its agents, sub grantees, and employees, during
performance pursuant to this Challenge Grant Agreement. (NOTE: This paragraph is not
applicable between state agencies or subdivisions, as defined in subsection 768.28(2), F.S.)
2
GRANT#HFZ09
10-15-03
16A I
THE STATE OFFICE ON HOMELESSNESS
12. Grantee agrees to establish an informal dispute resolution process with which to resolve any
disputes between the Grantee and any subgrantees or recipients. Disputes between the Grantee
and any subgrantees will be resolved in accordance with those procedures.
13. As required by section 286.25, F.S., if the Grantee is a non-governmental organization which
sponsors a program financed wholly or in part by state funds, including any funds obtained
through this grant agreement, it shall, in pv blicizing, advertising, or describing the sponsorship of
the program, state: "Sponsored by (Grantee's name) and the State of Florida, Department of
Children and Families." If the sponsorship reference is in written material, the words "State of
Florida, Department of Children and Families' shall appear in the same size letters or type as the
name of the organization.
14. Grantee shall not use or disclose any information concerning a recipient of services under
this Challenge Grant Agreement for any pmp0se prohibited by state or federal law or regulations
(except with the \"Titten consent of a person legally authorized to give that consent or when
authorized by law).
15. The Grantee shall permit Department personnel or representatives to monitor the services
which are the subject of this Challenge Grant Agreement.
16. Grantee agrees to allow public access to all documents, papers, letters, or other materials
subject to the provisions of Chapter 119, Florida Statutes, and made or received by the Grantee in
conjunction with this Challenge Grant Agreement.
17. The release of funds shall be in accordance with the request for release of funds schedule
which is incorporated into this agreement as Attachment V, subject to the availability of funds.
The Grantee shall prepare and submit a request for release of funds on the Grantee's stationary.
The Department will provide the funds within forty (40) days of the receipt of the request for
release of funds. The State of Florida's performance and obligation to pay under this Challenge
Grant Agreement is contingent upon an annual appropriation by the Legislature
18. Any notice, that is required under this Challenge Grant Agreement shall be in writing, and
sent by hand delivery, U.S. Postal Service Certified mail, return receipt requested, or any
expedited delivery service that provides verification of delivery. Said notice shall be sent to the
representative of the Grantee responsible for administration at the designated address contained
in this Challenge Grant Agreement.
19. This Challenge Grant Agreement shall be effective on Januarv 15. 2004 or on the date on
which the Challenge Grant Agreement has been signed by both parties, whichever is later. It
shall end at midnight, local time in Tallahassee, Florida, on June 30. 2004 or upon completion of
the project.
20. In the event funds for payment pursuant to this Challenge Grant Agreement become
unavailable, the Department may terminate this Challenge Grant Agreement upon no less than
twenty-four (24) hours notice in \\-Titing to'the Grantee. Said notice shall be delivered by hand
delivery, U.S. Postal Service, or any expedited delivery service that provides verification of
3
GRANT#HFZ09
* .
10-15-03 THE STATE OFFICE ON HOMELESSNESS
delivery. The Department shall be the final authority as to the availability and adequacy of 8t16 A I
funds. In the event of termination of this Challenge Grant Agreement, the Grantee will be
compensated for any work satisfactorily completed.
21. Grantee agrees to return to the Department any overpayments or funds disallowed pursuant
to the terms and conditions of this Challenge Grant Agreement that were disbursed to the Grantee
by the Department. In the event that the Grantee or its independent auditor discovers that an
overpayment has been made, the Grantee shall repay said overpayment immediately without prior
notification from the Department. In the event that the Department first discovers an
overpayment has been made, the grant manager, on behalf of the Department, will notify the
Grantee by letter of such findings. Should repayment not be made forthwith, the Grantee will be
charged at the lawful rate of interest on the outstanding balance after Department notification or
Grantee discovery.
22. Construction, Renovation, or Purchase of Real Property Using State Funds:
A. In accordance with Section 402. 73( 11) Florida Statutes (2001), if this grant incl udes
funds for the purchase of or improvement to real property the provision of grant funds are
contingent upon the grantee granting to the state a security interest in the property at least to the
amount of the state funds provided for at least five (5) years from the date of purchase or the
completion of the improvements or as further required by law. As a condition of receipt of state
funding for this purpose, the grantee agrees that, if it disposes of the property before the
department's interest is vacated, the grantee will refund the proportionate share of the state's
initial investment, as adjusted by depreciation.
B. In accordance with subsection 420.622(5)(c), F.S. (2001), grantee further agrees to
reserve, for a minimum often (10) years, the number of units constructed or rehabilitated through
this grant to serve persons who are homeless at the time they assume tenancy.
23. Any modifications of provisions of this Challenge Grant Agreement shall only be valid when
they have been reduced to writing and duly signed by both parties hereto, and attached to the
original of this Challenge Grant Agreement.
24. Official Name of Payee and Representatives:
A. The official Grantee name, as shown on page 1 of this Challenge Grant Agreement, and
mailing addres~. t~ whom the Department shall issue payment is: Collier County Bo~
County Commlsslonerso/,.
B. The name, address, and telephone number of the representative of the Grantee
responsible for administration under this Challenge Grant Agreement is: Jim Mudd, County
Manager, 3301 East Tamiami Trail, Naples F134112j Telephone: 239-774-8383
4
GRANT#HFZ09
10-15-03
THE STATE OFFICE ON HOMELESSNESS
C. The name, address, and telephone number of the grant manager for the Dep~e0 A 1
under this Challenge Grant Agreement is: Robert Farr. Department of Children and Families2
2295 Victoria Avenue. Fort Mvers FI33901.
25. This Challenge Grant Agreement and its attachments and any exhibits referenced in said
attachments, together with any documents incorporated by reference, contain all the terms and
conditions agreed upon by the parties, There are no provisions, terms, conditions, or obligations
other than those contained herein, and this Challenge Grant Agreement shall supersede all
pr,~v.ious communications, representations, or agreements, either verbal or written between the
parties. If any term or provision of this Challenge Grant Agreement is legally determined
unlawful or unenforceable, the remainder of the Challenge Grant Agreement shall remain in full
for~e and effect and such term or provision shall be stricken.
I1\' WITNESS THEREOF the parties hereto have executed this 98 pa2e Challenge Grant
Agreement by their undersigned officials as duly authorized.
GRANTEE:
i\TTEST: ~,~ 1,oi
'!)WIGHT ~.~8RopK, CLERK
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Collier County Boa
Signed By:
Name: Donna Fiala
Title: Chairman, Board of Collier County
Commissioners
Date:
Grantee Federal EID#: 59-6000558
Approved as to
ciency
Grantee Fiscal Year Ending Date: 09/30
* ** **** **** * * * * * * ** * **** **** **** * * ** * *** * * ** ** ** * * *
STATE OF FLORIDA
DEPARTMENT OF CHILDREN AND FAMILIES
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GRANT APPLICATION FROM GRANTEE
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Re: Grant HFZ09
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Collier County Continuum of Care
Homeless Challen!!e Grant
Florida State Office 00 Homelessoess 2004 Application
Submitted by:
Collier County Board of County Commissioners
Prepared by:
Collier County Department of Financial Administration & Housing
Submission Date:
September 8, 2003
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COlLIER COUNTY MANAGER'S OFFICE 16 Al
330 I East Tamiami Trail . Naples, FL 34112 . 239-774-8383 . Fax 239-774-4010
September 8, 2003
Mr. Tom Pierce
Executive Director
Office on Homelessness
1317 Winewood Boulevard
PDHO, Building 2, Room 103-C
Tallahassee, FL 32399-0700
SUBJECT:
FLORIDA CHALLENGE GRANT. 2004
COLLIER COUNTY
Consolidated Application
Dear Mr. Pierce:
Please fmd enclosed the Collier County Continuum of Care application for the 2004 Homeless Assistance
Challenge Grant through the State of Florida Office on Homelessness. The total funding requested for the
coordinated activities is $137,500 for the fITst tier of funding and $82,500 for the second tier of funding,
which will assist local providers in the provision of direct services for the homeless Collier County.
Attached you will find the Collier County Challenge Grant Application for homeless programs consisting
of: (1) the Homeless Management Information System Project, which is in the final planning stage to
develop a county-wide internet database for homeless resources; (2) Collier County Hunger & Homeless
Coalition for supplies to provide to homeless individuals during outreach activities; (3) Catholic Charities
Emergency Supportive Services Food Assistance program; (4) Guadalupe Center Homeless Emergency
Supportive Services food program; (5) Shelter for Abused Women & Children supportive services food
program. We are pleased to submit this application to further leverage local investment in homelessness
prevention and elimination with the support of the Office on Homelessness.
If you have any questions, please feel free to contact Ms, Janeen D. Person, HUD Grants Coordinator,
Collier County Financial Administration & Housing Department at (239) 213-290 I,
Sincerely,
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2004 HOMELESS CHALLENGE GRANT
Table of Contents
Page 3
2.1.1
Budget - Exhibit '6-A'
Page 4
2.1.2
Budget - Exhibit '6-B'
Page 5
3.1.1
Letter of Certification of Consistency
Attachments from 2003 coe Exhibit I
Page 6 - 7 4.1.1 Project Summary
Pages 8 - II 5.1.1 Quality of Services Narrative
Pages 12 -16 5.1.2 Exhibit '3'
Pages 17 -19 6.1.1 Exhibit '4'
Page 20 7.1.1 Exhibit '10'
Attachments from 2003 CoC Exhibit I
Page 21
8.1.1
Performance Measures Summary
Page 21
8.1.2
Performance Measures Table
Pages 22 - 23
9.1.1
Ability to Complete Activities
Page 24
Appendices
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2004 CHALLENGE GRANT BUDGET
Exhibit 6-A
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2.1.1
Grant Amount . Provider Location of Homeless Est. Funds Expenditure (see Exhibit
AClivity!1Jse Requested Name Activity Population Served 6-B for dollar amounts per/quarter)
Collier County $82,500 Collier Collier All homeless and 12/31/03;
Hunger & County County at risk of 02/31/04;
Homeless Hunger & Florida homelessness 05/30/04.
Coalition Homeless subpopulations
Homeless Coalition Funds would be requested at $27,500
Management per draw down,
Information
System Personnel,
Software and
Hardware Costs
Collier County $5,000 Collier Collier All homeless and 12/15/03;
Hunger & County County at risk of 01/31/04;
Homeless Hunger & Florida homelessness 05/30/04.
Coalition direct Homeless subpopulations
assistance through Coalition Funds would be requested at $1,666
point-in-time per draw down.
survey, 'Get-help'
outreach clinics
and other
outreach events to
purchase hygiene
and first-aid kits,
bug spray,
additional
supplies and
materials needed
to carry out stated
activities
Catholic Charities $18,750 Catholic 4209 1.172 Homeless 12/31/03;
Homelessness Charities of Tamiami Families and 03/31/04;
Supportive Collier Trail, individuals in 06/30/04.
Services Program; County Naples, FL shelters, camps
Food Pantry 34112 and on the street Funds would be requested at $6,250
per draw down.
Guadalupe Center $18,750 Guadalupe Soup 120 Homeless 12/31/03;
Homelessness Center Kitchen Children in 03/31/04;
Emergency Soup P.O. Box shelters, camps 06/30/04 .
Supportive Kitchen 1053, and on the
Services Program; Immokalee, street/At-risk of Funds would be requested at $6,250
Food FL 34143 homelessness per draw down.
persons
Shelter for $12,500 Shelter for P.O. Box 225 Homeless 12/31/03;
Abused Women' Abused 10 I 02, women and 03/31/04;
& Children, Women & Naples, FL children/shelter 06/30/04,
Supportive Children 34101 residents and non-
Services Program; resident victims of Funds would be requested at $4,166
Food domestic violence per draw down.
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2.1.2
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EXHIBIT 6.B
EXPENDITURE SCHEDULE
Estimate Draw By Quarter Ending
Grant Activity/Use $ BudQeted 12/31/03 3/31/04 06/30/04
1. CC H&H Coalition $82,500 $27 ,500 $27,500 $27,500
2. CC H&H Coalition $5,000 $1,666 $1,666 $1,666
3, Catholic Charities $52.750 $6,250 $6,250 $6250
4. Guadalupe Center $5,000 $6,250 $6,250 $6,250
5. Shelter for Abused Women $14.400 $4,167 $4,167 $4,167
TOTAL GRANT $137,500 $45,833 $45,833 $45,833
The funding for the Challenge Grant is state general revenue. It is estimated that no more than 25 percent
of the grant budget authority will be released in each quarter of the fiscal year. It may be less than 25
percent. Accordingly, the lead agency shall manage the expenditures to assure that funding available for
grant activities is spread across the fiscal year.
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COll1ER COUNlY MANAGER'S omcJ. 6 A
3301 East Ta~iami Trail. Naples, FL 34112 . 239-774-8383 . Fax 239-774-4010
September 8, 2003
Mr. Thomas Pierce
Executive Director
Office on Homelessness
131 7 Winewood Boulevard
PDHO, Building 2, Room 103-C
Tallahassee, FL 32399-0700
SUBJECT:
CERTIFICATION OF CONSISTENCY for
Collier County 2004 Homeless Challenge Grant Application
Dear Mr. Pierce:
The Collier County Financial Administration and Housing Department as Continuum of Care 'Lead
Agency' hereby certifies that the CoHier County 2004 Homeless Challenl!e Grant Application as
submitted is consistent with the Continuum of Care Strategic Plan, HUn FY 2003 and that each use
proposed is contained within the parameters and spirit of the Strategic Plan.
The following list of proposed uses expand existing programs serving the homeless and at-risk of
homelessness population in Collier County, with the page citing the activity location in the 2003
Continuum of Care Plan: (1) the Collier County Hunger & Homeless Coalition for the Homeless
Management Information System Project, which is in Phase II of its planning process to purchase and
implement a county-wide internet database for homeless resources, pages 14 and
19a-b; (2) the Collier County Hunger & Homeless Coalition, which will again hold a point-in-time
survey and 'Get-Help' clinics this year in Naples and Immokalee with a goal to expand the clinic and
outreach services, pages 12, 12a-b, 13 and 18; (3) Catholic Charities Direct Assistance and Food Pantry
programs in East Naples, page ISb; (4) Guadalupe Center Homeless Emergency Supportive Services food
program and soup kitchen in Immokalee, page ISc; and (5) Shelter for Abused Women and Children food
program for shelter residents, approximately half of whom are children, page 15d.
Please fmd attached citations identifying proposed uses with the CoC Strategic Plan and attachments
reflecting the cited documentation, If you have any questions, please feel free to contact Ms, Janeen D.
Person, Collier County ffiJD Grants Coordinator at (239) 213-2901 or JaneenPerson@colliergov.net.
Sincerely, ,
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County Manager
Attachments!
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6. Homeless Management Information System (HMIS). (YOIII' response to this item wiU not count towruds YOill'
JO-page limitation.)
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2003 CoC Consolidated Application
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Congress has established a national goal that all COllllllunities should be colk.-cting an array of data on the homeless, including
unduplicated counts of the homeless, their use of services and the effectiveness of local assistance systems. In order to achieve this
objective, HUn has encouraged conununities to develop a Homeless Management Infonnation System (HMIS).
a. Describe in a brief narrative your Continuum of Care (CoC) strategy to implement an HMIS, providing a schedule
for implementation and describing the progress you have made to date, including obtaining the participation of
emergency shelter, transitional housing and McKinney-Vento permanent supporti,,'e housing providen.
HUD is mandating that allloca1 Continuums of Care implement a Homeless Management Information System
by October 2004 in order to continue to receive funding. The funding received through the CoC is critical to
Collier County because currently there is limited local fimding of servi<.es for homeless and at -risk of
homelessness persons, mainly through private and nonprofit sources. The Coalition did apply for and receive
CDBG funding for HMIS, but there are no general revenue tax dollars available for this project.
Projects like the EASF ImmokaJee Permanent Housing, Collier County Department of Human Services Rental
Assistance and Prescription Medication, Catholic Charities Mental Health Counseling program and The
Learning Connection Project Education will suffer if Collier County becomes ineligIble for future funding and
does not participate in an HMIS system, In addition, we will become ineligible for CoC sponsored State
Challenge Grants and State Homeless Housing Assistance Grants through the Department of Children and
Families.
The Collier County Hunger and Homeless Coalition has completed its "data gathering stage" of collecting
information from adjacent communities and software prm,iders on the implementation of an HMIS system in
Collier Count)', Through the Continumn of Care process, this HMIS system has been discussed for the past
two years and an HMIS sub-<:ommittee was formed in Summer 2002.
The HMIS sub-cornmittee has facilitated presentations from three different service providers: Bowman
Internet SystemslServicePoint, Simplicity Computer Solutions and Radii Technologies, HMIS information has
been presented at every monthly Coalition general meeting to help educate the Coalition membership. An
HMIS ListseJV was created through the Naples Free Net to enhance communication and information sharing
for those agencies interested in HMIS. The HMIS sub-<;ornmittee surveyed members to detennme which
agencies were ready to participate, Six agencies have committed to participate as the pilot group to implement
the HMIS system, They are St. Matthew's House (providing emergency shelter and permanent housing for the
homeless), David Lawrence Center (major mental health care provider in Collier County), Child Care of
Southwest Florida (provides child care vouchers to the homeless; management and oversight of child care
centers and child care development and training), Collier County Department of Human Services (provides
rental assistance and prescription medications to the homeless), Catholic Charities (provides counseling, Iife-
skills, prescription medications, food and clothing for the homeless) and the Immokalee Friendship House
(pro'vides emergency shelter and supportive services for the rural homeless).
This pilot group joined the HMIS sub-<:ommittee and began it's Phase I meeting schedule from January 2003
through April 2003 to determine the following in preparation for the 2003 Continumn of Care and Swnmer
2003 State of Florida Challenge Grant applications: 1) equipment and data communication needs; 2) system
configuration to determine what data to track, what is shared and what remains COnfidential; 3) computer
hardware needs of the participating agencies; and 4) computer training needs of Participating agencies. Phase
II of the HMIS process ""ill begin in August of 2003 with its main goals to 1) choose a software provider and
2) determine the job description and employment arrangements of the systems adrninistrntor, Phase ill will
begin in January 2004 and focus on the actual implementation of the HMIS in Collier County. The HM1S sub-
~ommittee will also begin developing a specific system implementation and training schedule with each
participating agency to meet the goal of having the system in place and running no later than August of 2004.
During this time period we "''vill encourage other agencies to consider participation in the HMIS system as well.
and the Coalition has notified all 2003 CoC applicants that HMIS participation is mandatory if awarded CoC
funding.
The Collier County Hunger and Homeless Coalition will be the wnbrella organization to coordinate the HMIS
system as well as prO'viding a systems administrator who will be available to each participating agency to
2003 CoC Consolidated Application'
provide on-going training and technical assistance. Once the initial system has been purchased with available
grant funding, the agencies will designate a staff person to be the agency administrator who will work with the
local systems administrator to oversee each agency's HMlS implementation. Participating agencies may be
required to provide some annual funding as deemed necessary by the HrvnS sub-committee including annual
operator license fees and a contribution to the systems administrator salary. The HMlS sub-committee will
determine these portions of the HMIS plan as they continue developing the Collier County system.
Additionally, the SW FL Coalition for the Homeless is encouraging discussion of the pros and cons of a
regionalized HMIS. This subject will be discussed at the annual conference on May 29th and 30th.
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b. Ple8se check ~ of the following which best reflects the status of your COC in ha\ing a Continuum-wide HMIs (see
Section 0 of the "Questions and Answers" supplement to the application before completing):
The coc has not yet considered implementing an HMIs.
The CoC has been meeting and is considering implementing an HMIs,
XX The CoC has decided to implement an HMIs and is selecting needed software and hardware,
The CoC has implemented a Continuwn-wide HMIS,
The coc has implemented, but is seeking to update or change its current HMIS.
The CoC has implemented, but is seeking to expand the coverage of its current HMIs system,
c. If your coe has already implemented or.is seeking to update or expand its HMIs system,
Not applicable.
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2003 CoC Consolidated Applicati~n t "
J. Your community's Continuum of Care goals and system under development.
The key to developing a successful Continuwu of Care is to continually assess the existing system and identifY shortcomings or
gaps, then establish 8 set of goals and carry out 8 series of action steps intended to address these shortcomings or gaps. With this
in mind, please provide the following:
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Chronic HomeJessuess Strategy/Goals
Chronic homelessness refers to IIII UlUicCOmpanied homeless individual. with B disabling condition who has eithec been
continuously homeless for a year or more OR has had at least four (4) episodes ofhomelessness in the past three (3) years, To
be considered chronically homeless, persons must have been sleeping in a place not meant for human habitation (e.g., living on
the streets) and/or in an emergency shelter during that time,
(I) Past Performance, In 200 I, HUn established a goal of eliminating chronic homelessness within 10 years, HUD is beginning
to track progress made toward this ambitious goal Please feD us using no more than 2 pages: (a) the specific actions that your
community has taken over the past year towards ending chronic homelessness; and (b) IIIIY remaining obstacles to achieving this
g~. r
(a) The completion of the Wolfe Apartments, which has been developed by St Matthews HOL'se, an emergency
homeless shelter is a positive action in the conuDtmity, Wolfe Apartments ~ill provide 34 units of transitional
housing and 12 units of permanent SUpportive housing for homeless individuals and families. These one and two-
bedroom units will rent for approximately $475.00 to $575.00 per month, In addition to these affOrdable rents for
very low income families and individuals, a variety of support services will be available including job training,
child care, counseling. life skills and other needed services to assist in the transition to permanent affordable
housing.
The issue of chronic homelessness necessitates a regional approach. At the upcoming SW FL Coalition for the
Homeless Annual Conference, one of the conference sessions is speciflcally addressing chronic homelessness, This
regional dialogue was a goal of the Collier COC in 2002. It is hoped that discussion of some definite strategies to
address this issue will be found and incorporated into the strategic planning of the Continuum committee,
The Collier CoC had as another goal increasing the number of clients who qualify for SSI and other benefits from
the Social Security Administration (SSA). A representative from SSA did give a presentation at a Coalition
meeting encouraging contact with that office to facilitate client access to these benefits. The Shelter for Abused
Women provides its clients with outreach advocates who take clients to the SSA office, as well as to other
mainstream resources, This model is one that the Continuwn committee ~ill study as pan of the strategic planning
process, Actual tracking of increased access was very difficuJt. however, the Continuum committee believes that
the implementation ofHMlS ",ill provide such tracking.
Another goal of the CoC was to establish 'get help' clinics during the point-in-time census, which OCCUrred in
February of 2003. Coordinated by the Collier County Hunger & Homeless Coalition and the Collier County
Department of Human Services in collaboration with the Collier Colmty Health Department. these clinics provided
medical and mental health assessments, lre3tment and referrals as well as food, clothing and assistance ~ith shelter.
They were held in Naples and ImmokaIee and the Continuum committee and Coalition will discuss the need and
feasibility of holding these more often.
The David Lawrence Center, Collier County's locaJ mental health provider, operates the PAm (Project for
Assistance in Transition from Homelessness) program, which is funded by an annual federal grant in existence
since 1999, The program is designed to identify homeless individuals in the community, particu1arly those
suffering from chronic illnesses, and to link them to appropriate sen-ices such as housing, medical, dental,
substance abuse.and mental health services, as well as Social Security Administration, Services such as Case
Management Supported Living, Housing, and Vocational Services are offered through the PAm program to
recipients on an as needed basis. To date, beginning in Fiscal year 02-03 the David La~Tence Center has been able
to identify an unduplicated number of 369 persons who were homeless or in imminent risk of homelessness and
have engaged and linked over 42 into other supportive services through the outreach of the PAm program TItis
ne~1 year, PATH staff will begin tracking the number of chronically homeless served.
(b) In comparison to the nwnbers of chronically homeless in larger MSAs', the number in Collier County (126), on
!lIe surface. does not seem alarming. However, as with those who are temporarily homeless, one of the greatest
obstacles is a lack of permanent affordable housing. In a communit)' where the a"erage rent for a 2-bedroom
market rate apanment is $1,000,00 month while affordable Low Income Housing Tax Credit (LllITC) apartments
rent for $&70.00, it is nearly impossible for a chronically homeless single indi,idual to find a place they can afford,
The least expensive one-bedroom apartments available within Collier County rent for approximately $600.00 each
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2003 CoC Consolidated Application
month and there are no efficiency apartment complexes or single room occupancy (SRO) units available. Add to
the mix of low wage jobs and high rents, the high Probability of an alcohol, drug or mental health problem. and it is
nearly impossible to find and keep decent hOusing,
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In tllC Naples area specifically, there also continues to be a lack of visibility of the chronically homeless due to the
places and ways in which they live. Exposing their situation and offering assistance is truly an obstacle without
also endangering their ability to swvive. As part of the Continuum strategic planning process, this obstacle will be
addressed.
Another obstacle is the dwindling source of public and private funds to meet the needs of people seeking mental
health and substance abuse intf~rvention, particu1arly the homeless population. Financial resources provided by the
State of Florida are increasingly targeted towards individuals at risk of institutional care. Fewer public dollars are
spent for prevention and education, which adds to the chronic homelessness issue, The growing need has already
outstripped our current community resources indicated by growing waiting lists for.assistance. These trends in SW
Florida have been compounded by the abrupt closure of Charter Glade, a 144-bed private psychia'ric hospital
located in !he next county, which closed In Jnoc of 2000. G. Picroe Wood, !he only ]DJblic mental hosp,tal SOVing
this area closed in April of 2002. These factors, combined with the absence of any funding for homeless services
through Collier County tax dollars, above what is mandated, provide additional obstacles to any strategies that
address chronic homelessness.
(2) Current Cbronlc Hnmel...n... Strat""I. In order to keep HUD Informed of your Cbronk homelessness strategy,
please provide a brief summary of the community's strategy for ending chronic homelessness by 2012, including
any updates to your strate&)'. As a pan of this discussion, please include in this narrative the number of sheltered
and unsheltered chronically homeless persons identified on the "CoC: Homeless Population and Subpopulations
Chan" (see page 10). (Your response is expected to he no more than 1 pages, however, none oJ it wiD Count
towards your JO-page limitation,)
While there is a relatively small population of chronically homeless within Collier County, for the first time the
2003 point-in-time survey did count this sub-population. The results reflected a total of 126 individuals that fit the
chronic homeless definition. Of that number, 96 were unsheltered and 31 were in some type of shelter at the time of
the count
Within Collier County, there is a need to provide greater outreach to find and assist chronically homeless
indi, iduals. Two new programs that are able to address a portion of this problem are the PATH (Project for
Assistance in Transition from Homelessness) and the FACT (Florida Assessment Community Treannent) teams.
These groups receive funding from State, Federal and private sources.
The Project for Assistance in Transition from Homelessness (PATH) program is a pan of the David Lawrence
Menial Health Center aod has been Providing direct son'ice to the bomeless sinoe 2000. The PAm employee
provides outreach to the homeless in shelters, on the street or in the woods. The PATH position is funded by the
Stale of Florida througb Center for Mental Health Services. Health and Human Se>vices funds. The PAm proB'Rm
provides outreach, screening. case management, infonnation and refenal and other appropriate support services for
the homeless.
In FY 02-03 the PAm program identified an tmduplicated number of 369 persons who were homeJess or at
imminent risk of homelessness, and engaged and linked over 42 individuals into other essential supportive services.
The currenl PAm grnDt supports the position ofa PAm Coonlinator/Case Manager whose function is 10 idenlifv
chents ,,;th!n !he continuum, build a rapport, enBllge and link them to se>vices as needed mth !he overal! goal of
seIf-snfficiency and Independence. A small portion of the funds are utilized to provide supported hving and
supported employment services, however, the funding only supports a maximum of 25% of services delivered in this
area.
In the oext proposal, the David Lawrence Center mil be requesting funds to enbance the delivery and effectiveness
of this progrnm by adding a substance abnse specialist, SUPPOrted living and supported employment specialist. The
D3\;d Lawrence PAm progrnm has been effective In enBllBlng 52% of !he County. s estimated bomeless POPulation
10 dale and enrolling 60 Individoals In psycbiamc, medical, substance abuse. emplo)"menL andlor beginning the
process of entitlements through SSA lbis program must be e>.:panded to enhance the current delivery of sen ices to
address snbstance abnse. developing and improving activities of daily skills (ADL's) and job developmeot to
effectively meet the growing needs of Collier County's homeless population,
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2003 CoC Consolidated AppIicati';" · .. ) 6 i '~', ~
The Florida Assessment Community Treatment (FACT) team began its Collier County operation in 2001. The
FACT team assists clients to maximize their independence, promote self-management of symptoms and prevent
unnecessary hospitalization or incarcerations. The FACT team is pan of the private Psychotherapeutic Services Inc.
and receives funding from DCAF and ADMH, and is currently serving 38 individuals. They provide assessment;
administer medication and other services to help facilitate community integration. In addition to these effons by
David Lawrence, the communiry mental health facility, the Naples Alliance for the Mentally m (NAMI),
Psychotherapeutic Services and others, more needs to be done to stop the cycle of chronic homelessness.
The Hunger & Homeless Coalition will panner with its mental health members, the Lee and Charlotte County
Homeless Coalitions, and the SW FL Homeless Coalition to brainstorm mechanisms to provide a regional approach
to the chronic homeless in southwest FlOlida. Options may include developing a Single Room Occupancy (SRO)
facility or a Safe Haven, In addition, the annual homeless census count will be revised and strengthened to help
provide a more aCCW3te picture of the chronic homeless, veterans and others. We will also Strengthen our
relationship with mainstream and faith based tlrganizations in the coming years, The following organizations have
joined the Coalition as members this past y ~ and will go a long way in assisting the Continuum in addressing this
issue: Department of Children and Farnili~ and the First Assembly of God. The Coalition has also established a
good relationship \\ith the local SSA office representative who will continue to work with Coalition members to
facilitate client access to benefits,
For veterans, the VA Clinic located in Lee Ccunty also serves Collier County veterans. Its staff provides outreach
senices in Collier, but \\ith no local office space has had difficulty being readily accessible to homeless veterans,
The Coalition has been proactively seeking a location in Collier County and is hoping to obtain some space from
Coun~'govenunent
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2003 CoC Consolidated Application'
(3) Future Goals. Describe your specific future-oriented goals, and ~.p.s.cin~ action steps for each to be undertaken
over the ne"-l ]:s momhsin canying out a strategy to end cbronic homelessness in your community, Sp<:'Cif\ the'
~ltj[~thal h:l~.Jhe Iq~L!Q~129nsj];Ji/ir\.:._fj~L,success or failure in ;:~)D~JII_g__!:,l,!t..i)::~S!.Q[, and pro\-ide specific target
dates for completion. Be sure to include among your goals/action steps each of the plans for housing and services
mentioned in sections 3.E. and 3.F. Please use the following format, (Add to as needed..E2f <iddnlon:Jl goals.)
GoaJ: End Chronic: Ac:tionSUps Responsihle TarJet Dates
Ho-'" - p~
("What" an you .,.,..., to ("Bow" are you to 10 aboat ("Who" is responsible for (moIyr will he
aceolllJJlish) - aecomUUsh.;D~ it) IIC:cOfDulishin2 it) accomulished)
Ex: Count unsbeItered homeleu Annnalstreet counts of Emergmey Shelter January 2004
to estahUsh budiDe 1UIShe1tered bomeless DeI'llOllS Conun.ission
Goal 1: Coordinate regional Session at annual SW FL Coalition for October 2003;
approach to addressing conference; foc-is .md the Homeless in January 2004 and
cbronic homelessness in SW work groups at coIlaboration witb the May 2004
Florida quarterly regional Cbarlotte, Collier and
training. Lee County Hungry &
Homeless Coalitions.
Goal 2: Increase the Census County Hunger & Homeless December 2003
Committee make the Coalition Census
frequency of 'Get Help planning part of its Count Committee
Clinics' in partnership with agenda;
VA. SSA, Medical & Dental
pro\iders Include in Continuum
Strategic Planning
process
Goal 3: PAm staff track David Lawrence David Lawrence Marcb 2004
Center staff will
Dumber of bomeless served specifically determine if Center - PATH
that fit the def"mition of each outreach client program staff
'chronic'. meets definition
through assessment
process.
Goal 4: Increase outreach Lee County V A Clinic Veterans October 2003
to ,'eterans staff will establish Administration Clinic
regular visits in Collier - Lori Berkland, LSW
at a set location to
assist homeless vets
with accessing benef"lts
and services.
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( I) PI_ pro,lde · '..nn",,,, of "wmpH""","", mOOe 0"" Ibe ""I y.... In oddre".", yo..,. """"",,"ty', oilia- hornet""",,,
goals.
The Continuum oomm;tl<e and Coolitiou """ .ble '0 '=mpH"" !be ,oaI, they "'t out f"'!be <X>mmunity 1J>St _. The
"'mpI.,;"" of St. Matthe.., Ho"", Wolfe A_...... mu<h-needed forty..;. (46) unit tnwsJtiouat/penw",em housIn,
de,.,Iopmen. In Colli... COUllty f", homel", Indiv;du.b and familie" Including tho", with di",bilit;.,. The Shet"" f", Ab_
Women opened "''''''''fully Inerea,Jng the uumb..- of """""e,,,y beds from '-ty (20) 10 fOrty (40) and adding twenty (20)
transitional housing beds to its new state-of-the-art facility.
The Coolition and ContInuum oomm;tl<e met ""'ern) time" w;th the Empo_. Allian"" of SW FL and Colli... Coouty
Ho",Ing Authority reg""In, the development of _ent ho",;", f", the homel"" in bnmokake. That wll._ou and
di.logue"'" """Ited In the Exlubilll appn<ation they have "'bull'ed In t1U, 2003 CoCo While !be numb..- of -on ,
veacben "'" not Inorea.ed, anothe.- 2002 goal. the CollI... County HO_g Anthority ha, be<ome more proac'lve m lis eIforts to
.dVo<ale f", .ddition" vouch"" and"", reall,. done an exoellent job of edUCating ""'I'e ""ovide,, in the <X>mmtntity " to how
Ibey "'" "'I" the;,- "ieuts .ith ho",Ing needs In OOdition, the H""""g Anthority will be wll."""'ting w;th CoIH... Coun.,
~. of FInan,i.1 Admini""'tion and Housing 10 """'Iv. HOME lnve"""",. P-=Wp, (HOME) pro""", fun", '0
implement · t_. ba.ed rental "''''"'nee _ In Com... Coonty that wilt prov;de 'ddition.l ""'_oe to bumel""
individuals and families and those at imminent risk ofhomelessness,
The Coolition re<eived · _t from the Community Fooudatiou of Cot"'" Co_ to hUe . c.n"nllant that will guide the
Continnum wmmittee tlrrongh · 'lrnleg;c planning ..-0<= beginning In Jn1y of 2003. Now In.o lis thUd _. the Continuum
ha, the '""4 "'PPOrt "'''em and IDem""","p In pl."" to _e the n<ed, of the homel", illdi .,;duaI, and ""'tin., ill Colli...
County and to address those needs through a well-planned and structured process.
(2) In .ddition '0 the ,oal, foe endIng dumu, homel=ne", please d=ribe any othe,- gooj, and _, action ,tep, thaI yo..,.
oommtntity "'" developed to -= bumel"""", SpecifY the entity that"'" lead re""""'ibility f", ""'Yll>g on. ",b "ep and
specific target date for completion. Please use the following fannat
Goal: Other Homelessness Action Steps Responsible Pel'SOll/ T~t Dates
~~
GiJal 1: Complete Grant recei ved to hire Coalition Board/Staff and July 2003- December
Coali tion/Continuwn Strategic consultant to facilitate Community 2003
Planning Process process, First meeting FoundatiOn/COnsultant
scheduled for July 1,2003,
Goal 2: Increase diversification Coalition will continue to Coalition Coordinator and July 2003 - April 2004
of funding sources research and apply for more Lead Agency staff
diverse funding sources
GiJal 3: Develop more In collaboration with CHDo Empowerment Alliance of June 2004
pemIanent housing research additional locations SWFL
as well as implement
Empowerment Alliance First Assembly of God
project in hrunokalee and Ministries
assist First Assembly of God
to provide more housing,
GiJal 4: Increase assessment I Implementation of HMIs Coalition HMIs July 2004
services I and Standards of Care COmmittee; Coalition
Policies and Procedures Case Management September 2003
COmmittee,
Goal 5: Compile statistics on Research available data Collier COWlty Human March 2004
physically and developmentally Services Department in
dIsabled individuals Collaboration with Sunrise
Community of Collier
County
i Goal 6: Improve Advocacy I Provide training to Coalition Hunger & Homeless January 2004
I I members and other Coalition
I i nonprofits
C. Discharge Planning Policy: Not applicable at this time.
D. Un'''''.'ed Gnn" A w"ded P,lor to th, 2002 Co.tIn.... of C.... CO"'P'"tion, Not app1i<able
2003 CoC Consolidated ADDl1cation I
. Care Oub Senice: Provides service to the elderly (160 in 2001), any type of dementia, meals, respite care,
personal care, Drescription rnana.e:ement, social interaction.
. Catholic Charities Senice: Serves mental health needs (1,957 last year), meds (528), food, eyeglasses, utility
assistance, clothinl!.. Elderlv Outreach. Immokalee Outreach
. Childcare of SW FL: Provides child-care (1,339/yr enrolled) (1,535 on waitin.e: list).
. City of Naples, Planning: Department: Provides home repairs, housing, information, and referrals
1 COFFO: Service & Housing Assistance, job placement, education, emergency assistance, Immokalee
.
Outreach -
. Collier Area Transit: Transoortation, Immokalee Outreach
"-
. Collier Counn Cooperative Extension Senice: Youth Pro~ 4HNouth (3,000 yr).
. Extension Services: Education, nutrition, food safety home buying. advice and screening and loan consortium.
. Collier County Public School: Education, youth, mental health counselors (200-750 students per counselor
annually) lmmokalee Outreach
. Collier County Housing Authority: Government Housing-Section 8, fann worker housing, lnunokalee
Outreach
. Collier County Department of Financial Administration and Housing: Government Service, Home
repairs, mortgage assistance, (SHIP 425/yT), lmmokalee Outreach. CDBG assistance ill community
develooment and housin.e; construction.
. Collier County Micro Loan Prouam: Loans for low-income businesses, lmmokalee Outreach
. Collier County Public Health Dept. Govenunent Service Health, Food (5,000/mo), Healthy Families,
Healthv Start, farm share, WIC, Epilepsv Program, Insulin Program, SID Clinic
0
. Collier County Senior Senices: Government Service, Elderly (900/yT), Rentlmortga.e;e assistance, food
. Collier County Sheriffs Office: Law Enforcement, Elderlv (See Saltlfriad)
. Collier Count). Sheriffs Office (DRILL): Law Enforcement, Youth (601yr)
. Collier County Human Senices: Government Service - 29,000 people served, rent, RX, medical
. ColJier County Veterans Sernces: Govenunent Service, vets. health care, RX (2,4891yr), service-connected
disabilities, Transportation to V A medical appointments (669/yr),
. Collier Harvest: Food for non-profits and shelters.
. Collier Health Services Service: Medical (42,OOOIyr), IDV/AIDS (l301yr), RX, (Marion E. Feather)
OB/GYN Clinic. Immokalee Outreach
. Comer Housing Alternatives: Non-profit services & provision housin.e; alternatives (Section 811)
. Communi!)' Foundation of Collier County: Funder & Senice. Rental assistance for ,ictims of domestic
violence (1 OO/yT) , technical assistance for non-profits
. Consumer Credit Counselio2: Service, Education (667iYi). home buying and debt counseling
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2003 CoC Consolidated Application
. David Lawrence Center: Community mental health provider, substance abuse counseling and treatment,
housing and case management. Outreach drop-in center, ACT Immokalee Outreach ($lO,OOOIyr), PATH _
Project for Assistance in Transition from Homelessness, Supportive housing (22 beds), medical services (RX),
detox, education, youth, Outreach drop-in cenler, FACT - FloridaAssertive Community Treatment lmmokalee
Outreach (lO.OOOIyr) and supportive employment seJVices
. Department of Elder Affairs: Service & Housing. Elderly, RX (8yr)
. Dr. Piper Center: Elderly, companions, direct aid, foster ,grandparent, lmmokalee Outreach
. Empowerment Alliance: Works to balance economic and community development through education and
training, housing, economic development and community image and pride in htunokalee and eastern Hendry
COWlty.
. Epilepsy Senices: Service, Health, RX, Bicycle & Pedestrian Safety, distributes bike helmets, Immokalee
Outreach, medical for seizure disorders and RX for same, once-a-month clinic in ImmokaIee
. First Assembly of God: Faith Based Housing, Transitional hOusing (Opened 8 Parle Model Homes housing 20
individuals)
. FL Diagnostic & Learnin2 Resource: Service. Youth with disabilities (626/yr), Outreach System
. FL Lutheran Ministries: Service & Housing. Youth emergency shelter (51O/yr) 24 beds in Lee County
. Guadalupe Family Center: Service, Childcare, supportive services (5,OOO/yr), food, clothes pantry, shower
room.lmmokalee Outreach
. Guadalupe Social Senices: Service, Food, supportive services, rent assistance, RX, legal, mental
health. educatioIl lmmokalee Outreach (5.000/yr)
. Habitat for Humanit),: Housing, (lOOIyr/3 bdrm), in Immokalee and Naples,
. Harry Chapin Food Bank: Service, Food pantry
. Immokalee Child Care: Service, Childcare (lOO/yr), Inunokalee Outreach
. Immokalee Friendship House: Service & Housing, Emergency shelter (44 beds, 6 cribs), food, supportive
services. Immokalee Outreach
. Immokalee Multicultural Multipurpose Community Action Agency: Services including job training,
placement, rent & utility assistance and other SUPPOrt services
. Immokalee Non-Profit Housing: Housing, lmmokalee Outreach
. Intellitran: Sen-lce. Transportation for disabled (125,000 tripslyr), Immokalee Outreach
. Joe Logsdon AIDS Foundation: Support groups, advocacy, food bank, counseling. transportation assistance,
massage therapy, acupuncture (l20/yr)
. Literacy Volunteers: Service - Education (l21/}7)
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· Lorenzo Walker Vo-Tech: Service, Education (5,800/yr), Inunokalee Outreach
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· Maverick House: Service & Housing - Male substance abuse treatment (l2 beds)
· NAMI: Service, Mental health, RX (1,300-1,500/yr), Provide support groups for individuals and families
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2003 cae Consolidated Annlication
(480/vr) - "'" . -
. Nanles Communitv Hosoital: ServiCe, Health, mental health, Health Care System
-
. Nei2hborbood Healtb Clinic: Service, Health. RX
. PACE Center for Girls: Service, Youth, education, mental health (70/yr), Immokalee Outreach
. Redland=s Cbristian Migrant Senice: Childcare, education, Immokalee Outreach, Association (980/yr),
Charter Schc.ol, serves K-5
. SALTrrRIAD: Service, Elderlv, Outreach
.
. Salvation Army: Service & Housing, Transitional Housing (35 beds), food, childcare capacity (491yr), suPPOrt
services, rental assistance, utility assistance, clothing. furniture, RX
. Shelter for Abused Women: Service & Housing, Emergency shelter (40 emergency beds and 20 transitional
beds), hotline, n'ental health. food, legal, supportive service, Elders, rental and utilitj assistance, relocation,
furniture, clothing, housin~ advocacy, Court Outreach, Children Outreach. lmmokalee Outreach, (7,000/1'r)
. Sr. Connections: Service, Elderly, food, Outreach, (meals on wheels) (360/yr)
. Sr. Friendship Center: Service, Elderly Health, dental (I,500/yr), vision, psychiatric, orthopedic and
dennatolo~
. S1. Matthews House: Service & Housing, Emergency shelter (122 beds), food, supportive services, rent/utility
assistance, roc, clothin~ furniture, Outreach
. S1. Vincent De Paul Society: Service, Rent & emergency assistance, Elderly & disabled food (meals on
wheels), clothing, furniture, gas vouchers.
. Sunlight Home: Service, Housing & Emergency shelter for pregnant women (6 beds), food, supportive
services
. Veterans Homeless Outreach: Government Service, Vets, transportation, housing, mental health, health
(70/yr), Outreach
. WINGS: Service, Housing Adult female substance abusers and providing treatment (8 beds)
. Wolfe Apartments: Service, Permanent Housin~ for residents transitioning out of emergency shelter (46 beds)
. Youth Haven: Service, Child Care, infant emergency foster care, (NOTE: CLOSED 25 beds for youth in
2000)
I Senices Planned:, Connection to existing services will be significantly enhanced in time with the advent of a more
efficient and computerized HlVfiS system as an adiunct to connecting those in need to appropriate services,
How Persons Access/Receive Assistance: Homeless persons learn about community emergency resources primarily
through referrals through social service agencies. In some cases, homeless persons are also referred to services by local
faith based communities and local law enforcement agencies, In the later case, law enforcement personnel may bring
them directly to services, Some services provide transportation to their facility, Services are open to all homeless
populations.
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4.1.1 CHALLENGE GRANT PROJECT SUMMARY
Challenge Grant Activities: The Collier County Continuum of Care Challenge Grant funds requested herein will
be utilized to provide direct services to the homeless and at-risk ofhomelessness populations in Collier County. The
activities proposed will provide funds for the Collier County Hunger & Homeless Coalition to implement its
Homeless Management Information System through the hiring of a systems administrator and fInal hardware and
software purchases, This request is for $82.500 and is the only project that should be funded at this level.
The Coalition is also requesting funds to assist in the provision of direct assistance to homeless individuals through
its outreach activities held in conjunction with the Point-in- Time survey and at other times during the year in Naples
and Immokalee. The remaining three (3) requests are from organizations that serve homeless clients in both Naples
and Irnmokalee and need additional funds to purchase food for clients. The changes in tlle economy bave created an
urgent need for more food for these programs.
These activities are individually described below as well as in the Grant Proposed Activity Reference Table 4.a.
These projects, as well as HMIS, would befunded at the $137,500 level.
4.1 The Homeless Management Information System (HMIS) Project of the Collier County Hunger &
Homeless Coalition (CCHHC): ($82,500) The CCHHC is the umbrella organization and lead agency who
will coordinate the HMIS system as well as providing a systems administrator who will be available to each
participating agency to provide on-going training and technical assistance. The CCHHC was awarded
Community Development Block Grant (CDBG) funds for HMIS and has also applied to the U.S.
Department of Housing and Urban Development through the Continuum of Care process, However,
CDBG funds cannot be used for personnel expenses and the implementation time frame for HMIS
necessitates that system be in place prior to dispersal ofHUD funds, therefore 2004 Challenge Grant
funding will be critical to meeting the deadlines imposed by HUD,
The homeless population served will be all homeless and at-risk of homelessness individuals in the county.
The grant term outcome will be the hiring of a systems administrator and choice of software vendor. Long-
term projected outcomes will be full participation of all individuals and homeless service providers in the
access and use of the HMIS in Collier County.
4,2 The Collier County Hunger & Homeless Coalition: ($5,000) Tbe Coalition also has as part of its mission
a goal to provide community awareness of the issues of homelessness as well as the provision of limited,
direct assistance to homeless individuals, For the past three (3) years the Coalition has conducted a face-to-
face Point-in- Time survey. This past spring, a 'Get-Help' clinic event was added to the survey activity held
in both Naples and lmmokalee. Tbese clinics were a collaborative effort between multiple agencies and
provided homeless individuals with medical and mental health assessments, treatment and referrals; food;
clothing and assistance with shelter. Homeless individuals were also provided with hygiene and fIrst-aid
kits as well as laminated cards in English and Spanish listing available services. All of this was provided
free of charge. The Coalition must raise the funds each year to continue to provide these services and
programs to the homeless in Collier County. One of the Continuum's stated goals is to provide the 'Get-
Help' clinic more frequently; therefore additional funding must be secured.
The homeless population served will be all homeless and at-risk ofhomelessness individuals in the county.
The grant term outcome will be the purchase of supplies necessary to carry out the activities. Long-term
projected outcomes will be the successful distribution of supplies and other outreach materials to homeless
persons at all events and to gain increased community awareness ofhomelessness through participation in
events
4.3 . Catholic Charities: Catholic Charities of Collier County is a member in good standing of the CCHHC and
an active participant in the Continuum of Care process. The mission of Catholic Charities is to fight
poverty, strengthen families and build communities. This organization serves over 20,000 people of varied
ethnic, cultural and religious backgrounds each year. The majority of these are below poverty level,
homeless or at risk for homelessness.
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Catholic Charities provides a wide variety of established and effective services such as emergency and
direct assistance, prescription assistance, family counseling, elderly outreach, and many more. Programs
are designed to assist clients in becoming self-sufficient. Catholic Charities is a COA accredited 501 (c)
(3) non-profit faith-based organization. Post-service client satisfaction surveys are used to conduct
continuous qua'lity improvement.
Between December 1,2002 and June 30, 2003, Catholic Charities served an average of over 300 clients
monthly through the food pantry. Demand has increased to the point that expenditures for food purchi.tSes
have more than doubled on a monthly basis. Catholic Charities of Collier County is requesting the amount
of $18, 750 to be utilized to purchase food items at the most economical bulk rate available to distribute to
Food Pantry clients.
Catholic Charities estimates the tt.tal number of people who could benefit from this funding for the Food
Pantry program is a maximum of ~, 172 individuals during the grant term. The grant term outcome is the
distribution offood to 95% of clients in the target population or 1,113 individuals. Long-term projected
outcomes wiII be through various means to include monthly peer reviews; monthly progress reports
submitted to the lead agency and cli~nt satisfaction surveys.
4.4 Guadalupe Center: Food ($18,750). The Guadalupe Center ofImmokalee is proposing to receive funds to
aid the soup kitchen program and feed hot meals to individuals who are hungry and/or homeless. The
funds will be used to provide
Guadalupe Center's licensed soup kitchen with meat, pasta, seasonings, vegetables, fruits, bread, butter,
beverages and milk to adults and children. The soup kitchen wiII serve an average of 240 Immokalee
youths and adults a day, ten (10) percent of whom are children under thirteen (13) years old.
A survey will be conducted to determine the long-term performance outcomes. The goal is to have eighty
(80) percent or more of the hungry and homeless population indicate that their lives have been improved in
some way by services offered by The Guadalupe Center ofIrnmokalee including soup kitchen meals,
clothing and shower facilities.
4.5 Shelter for Abused Women: Food ($12,500). The Shelter for Abused Women & Children (SA WCC) is
the only state certified domestic violence shelter in Collier County, serving over 7,000 victims of abuse and
their children annually through residential and non-residential treatment and outreach services. The grant
request of$12,500 will be used to pay for fresh food and staples for the Shelter's residents, approximately
half of whom are children. Last year, the Shelter housed nearly 450 women and children, Some of the
items we provided free of charge for the residents of this 60-bed facility include: meat and fresh
vegetables; staples such as rice, beans, pasta, cheese, pasta sauce, soup, peanut butter and jelly; as well as
such hygiene products as laundry detergent, diapers and other paper products. While some foods, such as
breads and baked goods, are donated to the Shelter by local stores, most of the above items are purchased
by the Shelter for the direct use of its residents, as well as for some non-resident victims of domestic
violence who are lacking resources and who contact the Shelter for certain of these provisions.
The Shelter will measure the successful completion of activities by the number of women and children
served. Over the period of the grant, SA WCC estimates it will have provided shelter and food for 225
women and children. SA WCC will also measure outcomes via client satisfaction surveys, which are
conducted regularly.
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5. Quality of Services
The Collier County H & H Coalition is comprised of 56 various agencies serving all of Collier County who
collectively support the mission of the coalition, which is "to support the planning, delivery and
coordination of high quality services to the hungry and homeless of Collier County".
1. Continuum Governance Structure
The Collier County 2003-2004 Homeless Continuum of Care (Coe) covers all jurisdictions in Collier
County Florida including Naples, Everglades City and Marco Island as well as the unincorporated areas
including Immokalee and Copeland. The Lead Agency, the Collier County Board of Commissioners has
primary responsibility for the CoC grant plar;'1ing, application and administration of awarded projects.
Participation in these efforts across the community include fonnerly homeless individuals and veterans as
well as representatives of government from Collier County Department of Financial Administration and
Housing, Collier County Human Services an-f the City of Naples Planning Department as well as the
county Sheriff's department. Other continuum participants are nonprofit and for-profit organizations,
veteran's service organization, housing organizations, businesses and local foundations.
The Coalition has subcommittees for the fOll;wing areas: Steering, case management, legislative, grants,
Continuum of Care, HMIS and homeless awareness,
Attached in the appendices is the meeting schedule for the Coalition and Continuum of Care for 2002-2003.
2. Decision Making Process
At the September 2002 meeting of the Collier County Hunger and Homeless Coalition it was announced
that agencies should begin to develop their plans for housing and support services for the next round of
Continuum of Care funding. The membership of the Hunger and Homeless Coalition was reminded at each
monthly meeting about the Continuum process and bow their individual agencies could participate.
A consultant was hired to provide a series of training sessions called CoC 10 I. These were well attended
and prepared applicants for the upcoming application process.
In the 2003 cycle a separate grant application review committee was established to review the proposals.
In 2002 it was determined that the CoC steering committee would review and rank the applications with
each agency on the CoC steering committee having one vote. The rating criteria was the same as in 2001
and included leveraged resources, project feasibility, collaboration and organizational capacity. See the
attached ranking sheet for 2003.
Each agency was asked to provide a presentation to the steering committee. There is then an OPportunity
for questions and answers with each agency representative completing a ranking sheet. Upon completion
of the presentations each agency will cast their vote to rank the three proposals. The ranking criteria were
as follows:
· Evaluation Component: Has the applicant taken a comprehensive and critical look at the program,
assessed what was learned and made appropriate program adjustments? (10 points)
· Explicit link to NOFA Goals: (10 points)
· Leveraged Resources: Has the applicant demonstrated that it has gathered resources over and
above the money requested from HUn? (30 points)
· Collaboration: Has the applicant demonstrated how the programlhousing activity is related to
other activities/strategies taking place in the community and will work in coordination with other
providers/programslhousing? (20 points)
· Relative Impact on Percent of Homeless Population Served: Percentage of people affected relative
to the overall homeless sub-population targeted, (5 points)
· Project Feasibility: Is it likely that funding will result in completion of the project? (5 points)
· Accessibility of Project: Where services are located and how available to homeless populations
targeted, (5 points)
· Knowledge of Target Population: Ability to document the needs of the homeless and coordinate
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services to meet those needs, (5 points)
· Organizational Capacity: Does the applicant have access to staffing and administrative resources
necessary to successfully implement the planned activities and manage the grant properly? (10
points)
In addition, the Review Committee detennined that renewals would be examined under the APR
infonnation provided to HUD to detennine if the project is being operated in an effective manner,
perfonning satisfactorily, and addressing the need(s) for which the project was funded.
Each member of the Review Committee had one vote. After applicant presentations, each voting member
completed a scoring sheet. A tally of the votes detennined fmal ranking.
There were no complaints received regarding thisCoC process.
All meetings are announced at monthly Coalition meetings and faxed to all member agencies and are open
to anyone interested in attending. The Coalition maintains minutes of all meetings; as well as each
committee maintains separate meeting minutes.
3. Evaluation of Services
The continuum has adopted a standard customer quality satisfaction survey and evaluation tool developed by
the Case Management Committee for use in all components of the CoCo In fulfilling our mission for the
delivery of high quality services the Coalition detennined that a coalition wide customer satisfaction survey
would be developed in the next 90 days with the input of each agencies continuum's next step is to compile the
data for use in the on-going CoC process development as well as to ensure that maximum high quality services
are the standard of each Coalition member.
4. Perfonnance Measurement
The continuum has established written measures of perfonnance for each component of its CoC for the
reporting period ending June 20, 2003 based upon perfonnance measurements and goals that were established
in the 2003 CoC Exhibit I submittal.
5. Participating Parties in the Continuum Planning
The continuum has participation of all of these entities, but not at every meeting. The CoC met its goal to
obtain active participation by a member of the regional workforce board, the hospital. the school district. and
the infonnation and referral services provider. The Coalition Coordinator will be proactive in meeting with
each of these target members to educate them about the continuum as well as the Coalition and gain their
membership.
Throughout the year, the Coalition holds monthly meetings, which integrate countywide homeless assistance
programs and hosts' periodic public awareness projects, which broaden support. The other entities listed have
all been consistently participating in the continuum and with designated representatives. They have attended at
least half of the meetings. Currently, the continuum has no fonnal memoranda of agreement, but it does have
an understanding of the level and scope of participation expected from each entity involved.
6. Serving the Homeless in Emergencies
Each member' agency has emergency plans in place for its' clients and works with one another as well as the
Collier County Department of Emergency Services to address and plan for natural disasters. The County's
newly hired Emergency Services manager will be the guest speaker at the October Coalition General Meeting.
Currently County emergency shelters and other types of housing for homeless residents are not designated as
hurricane shelters with one exception being Irnmokalee Friendship House, which is located sufficiently inland.
Homeless housing service providers are encouraged to go to a proper shelter during hurricane warnings
applicable to their location. Outreach workers and local police and sheriff's officers get the word out to the
street and camps and provide transportation. A list of the current designated shelters can be found in the front
of local phone books.
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EXHIBIT 3
QUALITY OF SERVICE: CERT/FICA TION BY LEAD AGENCY
For the reporting period beginning July 1, 2002 and ending June 30, 2003, the following statements are true and
accurate for our continuum of care and that all evidence and documentation to support these claims are maintair
on file with the lead agency,
Quality of Service Indicators
1, Continuum Governance Structure
a, Has the cae formally created a governance structure or decision making body?
y,. Yes No
b, Does the governance body consist of members from each 0: the foi/owing four sectors: private
business, local government, homeless or formerly homeless persons, and religious or faith-based
organizations?
X Yes No
c. Are there written policies and procedures that define the compusition and structure of the governance
structure, including the process to,x.cruit and select its members?
Yes No
d. Does the governance body h~e written poiicies and procedures to guide its decision making?
Yes No
e. Has the governance body met~ least once during each quarter of the reporting period?
~ Yes No
2, Decision Making Process
a. Does the continuum have adopted, written procedures, and selection criteria, to guide the process of
selecting activities or projects to be considered for funding allocations?
. ""U - Yes No
b, Is there a formal, written proc~pted whereby decisions of the governance body or cantin uum
may be appealed? ~
Yes No
c. Does the continuum operate "in he sunshine," noticing meetings to all interested parties and allowing
public access to all meetings? "
~ Yes No
d. Does the governance body or the continuum maintain written minutes or an equivalent record of
actions taken by the body at a~eetingS?
Yes No
3. Evaluation of Services
a. Has the continuum adopted a standard customer satisfaction survey, quality assurance standard, or
other evaluation tool for use jn~ components of the continuum of care?
Yes No
b. Have all of the participating agencies in the continuum used the standard customer satisfaction survey,
or quality assurance standard'J
~ Yes No
c. Were the survey responses, or quality assurance reviews analyzed and compiled into a written
summary report to the lead agency?
Yes L No
d, Did the continuum or its governance body adopt recommendations or implemented actions as a result
of the review of the survey responses, or quality as~nce reviews?
Yes . No
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4, Performance Measurement
a. Has the continuum adopted written measures of performance for each component of its continuum
care?
~ Yes ' No
b. Does the continuum apply the\7performance measures to all agencies participating ;n the continuu
A- Yes No
c. Have all the agencies reported their performance using the adopted measures during the reporting
period? V
Yes -fl-- No
d. Has the continuum adopted any recommendations or implemented-actions as a result of the
perforr,lance measurement during the reporting pe~?
Yes -A- No
5. Participating Parties in the Continuum Planning
x
Yes
No
(1) public housing authority
(2) community mental health provider
(3) regional workforce board
(4) law enforcement agency
(5) hospital
(6) local school district
(7) veterans service agency
(8) county health department
(9) primary health care provider
(1 O)public defender's office
(11 )substance abuse service provider
(12)information and referral services provider
b. Has there been a fixed representative designated by each and every one of the above entities to work
with the continuum?
Yes l No
c. Have all twelve designated representatives attended at least half of the continuum's planning meetings
during the reporting period? V
Yes ~ No
d. Does the continuum have in place memoranda of agreement or other formal relationships with allot the
above entities to gUide information sharing among~ participating parties?
Yes . No
6, Serving the Homeless in Emergencies
a. Has the continuum adopted written plans for responding to the needs ot homeless persons during
emergencies, Including cold rher, heat waves, tropical storms and hurncanes?
Yes No
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b. Does the continuum's plan provide for sheltering of all homeless people reasonably likely to need an
seek shelter during the emergxcy event?
Ves No
c. Does the continuum's plan address how all segments of the homeless population are to be transportl
to the emergency shelter when the emergency exi&lsJ
Ves ~ No
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d, Has the continuum's adopted plan been adopted by the local government emergency management
agency as part of the community's emergency man~ment plan?
Ves ~ No
7. Training
a. Did the continuum provide or facilitate training targeted to the direct or line service workers of
participating agencies on serv)\Provision to the homeless?
Ves No
b. Did the continuum maintain a regular or fixed calendar of training sessions, noticed to all participating
agencies, for the reporting per~9?
~ Ves No
a. Has the continuum adopted a written plan to address the availability of housing for and referral to such
housing of sexual offenders discharged from correctional facilities into the catchment area of the
continuum? &
Ves No
b. Has the continuum succeeded in carrying out its trategy for ending chronic homelessness, as detailed
in its 2002 COC plan narrative? b
Yes No
c, Has the continuum established formal, adopted p ocedures to ensure that the local homeless
management information system will be linked to ttV-1-1 information and referral phone system?
Yes ~ No
8. Statewide Initiatives
9. Standards of Care
a, Has the continuum adopted written standards of care to specifically address the provision of
emergency shelter? '-I
~ Yes No
b. Has the continuum adopted written standards of care to specifically address the provision of transitional
housing? V
~ Yes No
c, Has the continuum adopted written standards of care to specifically address the provision of permanent
supportive housing? \)
~ Yes No
d. Has the continuum adopted written standards of care to specifically address the provision of supportive
services? . y
~ Yes No
e. Has the continuum adopted written standards of care to specifically address the provision of hom eless
prevention services? 'I,
~ Yes No
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Has the continuum adopted written standards of care to specifically address the provision of outrea
related services? V
~ Yes No
g, Has the continuum adopted written standards of care to specifically address the provision of afterca
or follow-up services for p:~~ leaving continuum of care facilities?
Yes No
h. Has the continuum adopte written standards for the collection and sharing of information, including
confidentiality of clients'3.nd s,"cyrity of information?
~ Yes No
Has the continuum adopted written standards to address the rights of homeless clients, in;;/uding
terminations, evictions, an~nces?
Yes No
Has the continuum adop~ten standards to address the provision of case management services
Yes No
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10, Mainstream Program Benefits
a. Has the continuum adopted a written strategy to identify homeless persons who are eligible for
"mainstream" supportive service programs, including food stamps, Medicaid, SSI, and Temporary
Assistance for Needy Famili~j
~ Yes No
b. Has the continuum adopted written procedures to assist the homeless in enrolling in these
"mainstream" programs? \.J
~ Yes No
c. Has the continuum adopted a written strategy to ensure the homeless receive the assistance from ead
program in which they are en~I~?
~ Yes No
d. Does the continuum collect and maintain data on the number of homeless persons enrolled in and
receiving assistance from each of the "mainstreavrograms?
Yes ~ No
11. Point-ln- Time Survey
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a. Has the continuum conducted within the period of July 1, 2001 and June 30, 2003, a point-in-time
survey to define the homele7ulation within its catchment area?
Yes No
b. Did the continuum use the s andardized point-in-time survey instruments endorsed by the Council on
Homelessness in September .(0 ')2 ?
~ Yes No
c. Does the continuum have a written policy adopted, which will require conducting point-in-time surveys
no less frequently than every;;< years?
Yes No
d. Did the continuum administer the point-in-time survey at all local homeless provider agencies in its
catchment area? \j
~ Yes No
e, Did the continuum administer the point-in-time survey in a manner to capture a count of those persons
vvho may not be sheltered, or being served by agencies (i.e" those on the street, living in outdoor
locations, cars or other vehicl~ 9r doubled up living with families or friends)?
~ Yes No
f. Does the continuum provide training and instruction to those carrying out the survey on the proper
methods to be used?
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12, New or Expanded COC Catchment Areas
a, Is this application submitted on behalf of a continuum of care, whose catchment area was not
designa~ed by the Office on Homelessness as a designated continuum in the FY 2003 Challenge Grc
application instructions? V
Yes ~ No
-OR-
b, (1) Has the catchment area of the continuum been expanded to include at least one additional count'
since the designation of tho continuum's catchment area in FY 2003 by the Office on '
Homelessness? ~
Yes No
(2) Does the $137,500 budget for this Challenge rant include funding activities or uses within the
new county(s) added to the catchment area? y.
Yes ~ No
Lead Agency Certification
Name of Continuum of Care:
Name of Lead Agency: ~~.
Name of Certifying OffiCia~\~
--
Signature of Certifying Officia~
Date Signed: 4~ \'"'l'(" 'Q) ;\ 003
FAILURE TO PROVIDE AN ORIGINAL SIGNED CERTIFICATION FOR QUALITY OF SERVICE, SHALL BE
CAUSE FOR THE APPLICATION TO BE RANKED LAST ON THE QUALITY SERVICES PREFERENCE
CRITERIA.
I hereby attest that the above statements are true and accurate, based upon evidence and documentation on file
with this lead agency on behalf of our continuum of care.
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6.1.1 EXHIBIT 4
LEVERAGED FUNDING
Program
I. Homeless Veterans Reintegration
2, Health Care for the Homeless
3. PATH
A. McKinney-Vento Homeless Assistance Act Grant
Grant
Amount
$--
$--
$102.000
4. Education for Homeless Children
5. Emergency Shelter Grant
6. Shelter Plus Care
7. Supportive Housing Program
8. Supportive Housing Program
9, Section 8 Moderate Rehab., SRO
10. Emergency Food & Shelter
TOTAL GRANTS
$48.4;'2-
$200,000
$
$339.000
$227.000
$
$46.546
$962.996
B. Private Cash for Services to Homeless Persons
Participating Continuum Agencv
1. Guadaluoe Center
2. Shelter for Abused Women
3. Catholic Charities
TOTAL PRIVATE MONEY
TOTAL LEVERAGE CLAIMED
A. McKinney Act Grants
B. Private Money
TOTAL LEVERAGE
Cash Received
$600.000
$875.000
$109.643
$1,584,643
$962.996
$1.584.643
$2.547,639
Grant A ward
#/Reference
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Date of Grantor
Executed A ward Letter
llO-B1273
HFL08
93-150 RSA#SM-03-F2
07/01103
02/07/03
08/06/02
FLl4B20-6002 4/28/03
FLl4B20-6001 4/24/03
LRO-1590-00 4/22/03
Source Documentation
Letter of Certification
Letter of Certification
Letter of Certification
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Lead Agency Certification:
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I hereby attest that the above sources of grant and private money claimed as leverage for this Challenge Grant
application, is true and accurate, and that the lead agency has documented the receipt of the grant award(s) and
private money leveraged by their continuum of care.
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Name of Lead Agency: Collier County Board of Commissioners
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Name of Certifying Official: Jim Mudd
Title/Position: County Manager
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Signature of Certifying Official:
Date Signed: September 8. 2003
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Leverage Ratio Calculation:
$2.547.639
+ 251.377
= $10.135 /1000 population
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Total Leverage Claimed
+ Population of Catchment Area
= Ratio
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Divide the total leverage claimed by the total population of the catchment area, rounded to the nearest 1000
population, to calculate a leverage ratio expressed in dollars and cents per every 1000 population of the
catchment area.
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NOTES:
I. To be eligible to be claimed as leveraged funding the grant award must have been executed, or the private
money received, between the dates of July 1,2002 and June 30, 2003.
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2. If more than one grant award was received for a specific McKinney Act grant, use more than one line, reflecting
each grant award separately, specifying the McKinney Act Program for each line used.
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FAILURE TO PROVIDE AN ORIGINAL SIGNED CERTIFICATION ON LEVERAGE IN THE GRANT
APPLICATION SHALL BE CAUSE FOR THE APPLICATION TO BE RANKED LAST BY THE REVIEW
TEAM ON THE LEVERAGE STATUTORY PREFERENCE CRITERIA.
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EXHIBIT 4 LISTING
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A. McKinney-Vento Homeless Assistance Act Grants
1. PATH Grant to the David Lawrence Center
2. Education for Homeless Children to Collier County Public Schools
3. Emergency Shelter Grant to Shelter for Abused Women & Children
4. Supportive Housing Program Grant to Shelter for Abused Women & Children
5. Supportive Housing Program Grant to S1. Matthews HouselWolfe Apts.
6. Emeig;ency Food & Shelter Grant to United Way of Collier County
$ 102,000
$ 48,450
$200,000
$339,000
$227,000
$ 46,546
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B. Pn'late Cash
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I. Guadalupe Center
2. Shelter for Abused Women
3. Catholic Charities
Private Donations
Private Donations
Private Donations
$600,000
$875,000
$109,643
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7.1.1
EXHIBIT 10
CERTIFICATION OF ESTIMATED NEED PER CATCHMENT AREA POPULA nON
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1. From your Homeless Population and Suboopulation Chart. enter the total estimated needs. expressed in
the number of homeless persons. for both "individuals" and "persons in families with children." Total
these two failures for a total estimated homeless DODulation.
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Homeless Population
A. Individuals
B. Persons in Families with Children
Estimated Need
626 Persons
64 Persons
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TOTAL j 690 I Persons
2. Population of your Catchment Area. Using the data from the 2002 Census in Exhibit 5, calculate the population
of your catchment area.
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County in Catchment Area
A. Collier
B.
C.
2000 Population
251.377
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TOTAL POPULA nON I 251,377
Calculate your continuum's estimated homeless population per every 1000 population, Divide the total number
of homeless persons by the total population of your catchment area, rounded to the nearest 1000 population.
3.
(
Divide Total Estimated Need 690 homeless persons by population of catchment area 251.377 to equal 2,749
homeless persons/ I 000 populations,
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NOTE: Round the number of persons to the nearest hundredth of a person,
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4. Source of Estimated Need Data.
XX Homeless Population Chart on file with Office on Homelessness as of July 15,2003.
Amended Homeless Population Chart, as attached, with supporting narrative on the methodology
used.
Lead Agency Certification:
I hereby attest and certify that the above data is true and accurate; that the above data on estimated needs is
based upon a gaps analysis which uses data that (1) represents the housing need for homeless persons in the
catchment area on any given night; (2) is not adjusted through the use of multipliers or other means; (3) is
derived directly from street counts, point-in-time surveys, homeless management information systems, service
provider agency records, or other similar empirical methods; (4) includes only persons who are homeless
according to the operational definition ofhomelessness used by HUD; and, (5) represents an unduplicated count
or estimate to the greatest extent possible; OR that the data reported is based upon an adjusted estimate of
housing needs adopted by the continuum of care, which meets the above five data requirements.
Name of Lead Agency: Collier County Board ofCornmissioners
Name of Lead Ageocy Certitj<iog Official: Jim M~~ ~oun; M~. .P
Signature of Certifying Official: ,~~ ~/ .' _.-..~
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Date Signed: September 8. 2003
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8. PERFORMANCE MEASURES
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8.1.1 Collier County Continuum of Care Homeless Challenge Activity Performance Measure Summary
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All activities of the Collier County Continuum 2004 Challenge Grant submission have measurable outcomes. The
reporting point for outcomes of the grant activities, which must be completed by June 30, 2004, is projected for
ninety days following the deadline or such other date as established by the state contract. The grant period and long
term outcomes for Challenge grant activities is shown in Table 8a following.
The Collier County Hunger & Homeless Coalition (CCI-lliC) will report its success on the HMIS ptocess through
the design of the systems administrator position and successful implementation of its HMIS project. 'The CCI-lliC
will further report on the success of its outreach activities through the amount of direct assistance provided to
homeless persons, as well as the participation level of the community. Catholic Charities will monitor and report on
their programs through its ability to meet the nutritional needs of an estimated I, I 72 homeless clients. Guadalupe
Center will monitor and report on its soup kitchen program through its ability to feed 6,000 homele:>~ individuals.
The Shelter for Abused Women & Children will monitor and report on its program performance through the number
of women and children served, estimated to be 225 during the grant tenn.
8.1.2
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Table 8a: CC 2004 Homeless Continuum Challen e Activi
Activity Number Provider/Activitv
from Project
Summary List
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4.1
Collier County Hunger & Homeless
Coalition Homeless Mgmt. Information
System (HMIS), System Personnel and
Hardware/Software Expense
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Collier County Hunger & Homeless
Coalition Outreach Activities
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Catholic Charities Homelessness Supportive
Services Program; Food
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Guadalupe Center Homelessness
Emergency Supportive Services Program;
Food
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Shelter for Abused Women & Children,
Homelessness Supportive Services; Food
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Performance Measures
Performance Outcomes
(ST)
Short Term - funded period
Lon Term
ST: $82,500 HMIS system administrator
job design and implementation and
software purchase recommendation
completed
L T: HMIS process participation by all
H&H Coalition members
ST: $5,000 to purchase supplies for
outreach activities including Point-in-
Time Survey, 'Get-Help' clinics and
Holiday Vigil
L T: Items distributed to homeless persons
at all events and increased community
awareness ofhomelessness through
artici ation in events
ST: $18,750 in food purchased/distributed
and post-service consumer satisfaction
survey
LT: 95% of 1,172 or 1,1 I3 individuals
assisted throu the food an
ST: $18,750 in food purchased/distributed
and survey
LT: Distribution of20,737 meals through
the sou kitchen
ST: $12,500 in food purchased/distributed
L T: 100% of estimated 225 clients
assisted will have access to transportation
for critical a ointments
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16A.
Table 9a: Collier County Continuum 2004 Abilitv to Comnlete Activities
Task I Activity Notes October December March June
Cate20rv
Identification of
Homeless Individuals
CC H&H Coalition N/A
CC H&H Coalition N/A
Catholic Charities Current
Clientele ,
Guadalupe Center Current
Clientele ,
Shelter for Abused Current
Women Clientele
Task I Activity Notes October December March June f
Category
Selection of Providers
CC H&H Coalition N/A Software vendor Sign Hire Systems HMIS
HMIS presentations contract Administrator implementation
taking place in with vendor in progress -
OctoberINovember completion in
August
CC H&H Coalition N/A Determine Purchase Determine Purchase
Outreach amounts of supplies for amounts of supplies for 20d
supplies needed Candlelight supplies 'Get-Help'
Vigil and needed clinic
Point-in-
Time-
Survey/'Get-
Help' clinic
Catholic Charities Existing
contacts
Guadalupe Center Existing
contacts
Shelter for Abused Existing
Women contacts
Task I Activity Notes September- December March June
Cate20ry October
Al!reement with Subrecipient
Collier County BCC contracts
will be
drawn once
Challenge
Grant
Contract is
negotiated
with DCF
CC H&H Coalition "
CC H&H Coalition "
Catholic Charities "
Guadalupe Center "
Shelter for Abused "
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Women & Children
Task I Activity Notes September- December March June
Catel!orv October
Supplier Contracts
CC H&H Coalition To Be
Determined
CC H&H Coalition To Be
Determined
Catholic Charities Existing PO
Guadalupe Center Existing PO
Shelter for Abused Existing PO
Women
Task I Activity Notes Septem ber- December March June
Cateszorv October
Draw Down Schedule
CC H&H Coalition X X X
CC H&H Coalition X X X
Catholic Charities X X X
Guadalupe Center X X X
Shelter for Abused X X X
Women & Children
Task I Activity Notes Septem ber- December March June
Catel!orv October
Gather. Report Final Report I Sf Interim 2nd Interim
Outcomes Not later Report Not Report Not
than 9/1/04 Later than Later than
3/30/04 6/30/04
CC H&H Coalition " " "
CC H&H Coalition " " "
Catholic Charities " " "
Guadalupe Center " " "
Shelter for Abused " " "
Women & Children
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APPENDICES
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2003 CoC Consolidated Application
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Continuum of Care:
Under
Development in
2003
Unmet Need!
Gap
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Examole Emernencv Shelter 100 40 26
Emergency Shelter 144 0 196
Beds Transitional Housing 20 33 135
Permanent Supoortive Housing 22 33 95
Total 186 66 426
Individuals
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Emergency Shelter 86 0 117
Beds Transitional Housine: 67 12 109
Permanent SUDoorti ve Housing 0 12 34
Total 153 24 260
Persons in Families With Children
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Continuum of Care: Homeless Population and Subpopulations Chart
Part I: Homeless Population Sheltered Unsheltered Total
Ememencv Transitional
ExamDle: 75 fA} 125 (A) 105 (N) 305
I, Homeless Individuals 218 14 394 626
2. Homeless Families with Children 20 4 0 24
2a. Persons in Homeless Families 53 11 0 64
,",ith Children
271 25 394 690
Total (lines I + 2a)
Part 2: Homeless SubpopuJations Sheltered Unsbeltered Total
I, Chronically Homeless 31 95 126
2, Seriously Mentally III 30
3, Chronic Substance Abuse 89
4, Veterans 37
5. Persons with HIV/AIDS 3
6. Victims of Domestic Violence 33
7. Youth 44
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2003 CoC Consolidated Application
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Co List the dates and main topics of your coc planning meetings held since June 2Ij(i2, which should ~-;nh)r'tr21etlEu_~r,c;.(:
meeU1J~S (IJiJth plenary :lnd r(\mmitr~e) [1[<.::_(1) regularly scheduled; (2theld year round; and (3) not solely focused on
developing an application in response to the NOF A.
Coalition Steerinil Committee & General Membersbio MeetiOt!8
Date of Meeting Topic of Meeting
June 4, 2002 Collier County HunlZer & Homeless Coalition Steeri1Jg Committee: Coordinator position
(job description) approved for advertisement Officers were elected. 2002 CoC application
status. Confirmed there would be no lull meeting, instead HUD is presenting an HMIS
technical assistance workshop on July 9 at S1. Matthews House. Six (6) agencies were
represented.
June 4, 2002 Collier County Hunl!er & Homeless Coalition General Membershin Meetinl!: Report of
Steering Committee given, Continuwn of Care report ,resented and status of coordinator
position for the Coalition. Discussed the formation of a f(',mal HMIS committee; discussed
the scheduling of CoC 101 training seminar in September; discussion regarding asking the
County to become Lead Agency. Twenty-five (25) agencies were represented.
August 6, 2002 Collier County Hunl!er & Homeless Coalition Steerinl! COmmittee: CoC discussed the
frequency of CoC Committee meetings. Discussion of the State Challenge Grant
application. Selection of applicants for Coordinator position was narrowed. Six (6) agencies
were represented.
August 6, 2002 Collier County Hunl!er & Homeless Coalition General MembershiD Meeting: Fonning of the
HMIS committee; Discussion of the State HAG grant; HUD presentation on "The Heartbeat
of Rural Florida; Further regarding the County becoming CoC Lead Agency; additional
outreach and community involvement in Coc. Legislative and Grant Committee reports
presented. Twenty-one (21) agencies were represented 8-6-02.
September 3, Collier County Huneer & Homeless Coalition Steerinl! Committee: Newly hired Coalition
2002 Coordinator introduced. Development of legislative committee; expansion of membership to
include business leaders; developers and healthcare providers, CoIlier County Sheriff's
Office; foonation of a grants committee; divided the Homeless Count committee into two,
one to focus on preparing for the 'Point-in-Time' Survey and one to focus on Homeless
Awareness; :filling of Coalition Vice-Chair position. Six (6) agencies were represented
September 3, Collier County Hunl!er & Homeless Coalition General Membershio Meeting;. Newly hired
2002 Coalition Coordinator introduced to Coalition membership; UPCOming HMIS meeting will
have Dr. Lounsbury and Richanl Faris as speakers; Submitted State Challenge Grant
application with 10 agencies submitting projects for total of $250,000 and State HAG for
$745,500; Homeless Count committee decided to appoint co-chairs. one in Naples and one
in Immokalee. to better represent the dichotomy of each community; CDBG application
deadlines announced. Legislative and Grant Committee reports presented, Nineteen (19)
agencies were represented.
October 1,2002 CoIlier County Hun2er & Homeless Coalition Steerinl! Committee: Review of last IDvllS
committee meeting and announcement of upcoming meetings with software providers;
discussion of Lead Agency (pros and cons) letter from Collier County FAH; Vice-Chair
elected; establishment of P.O. Box for H&H; CCPS Homeless Liaison. Seven (7) agencies
were represented.
October I, 2002 Collier County Huneer & Homeless Coalition General Membershio Meeting: Hlv11S
Listserv; CoC 101 Workshop in Nov. (paid by a grant from the CFCC); Establishingjoint
county committee meeting on Chronic Homelessness; Homeless Awareness Committee
announced 11117-23 National Homeless Week; Homeless COlUlt committee fOrming first
meeting; Guest Speaker: Dr. Beth Garris-Hardy from SERVE presented on Homeless
Children. Legislative and Grant Committee reports presented. Twenty (20) agencies were
represented
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003 CoC Consolidated Application
Date of Meeting Topic of Meeting
November 5, Collier County Hunger & Homeless Coalition Steering Committee: Clarification of David
2002 Lawrence Center as a member of Steering Committee; State HAG grant awarded for
$745,500 for First Assembly of God Transitional HOllsing program; State Challenge Grant
was not funded; CC was voted in to become CoC Lead Agency. Nine (9) agencies were
represented
November 5, Collier County Hune:er & Homeless Coalition General MembershiD Meeting: Four new
2002 member agencies annOlUlced; new member of Steering Committee; Case management new
co-chairs announced; Coalition Chair and Coordinator conducted two (Naples and
lmmokalee) homeless client focus groups to detennine the additional service needs of
clients. Legislative and Grant Committee reports presented. L~gislative and Grant
Committee reports presented. Twenty (20) agencies were representt.d.
December 3, Collier County Hunger & Homeless Coalition Steering Committee Meeting: Treasurer's
2002 report was read with the recommendation that a laptop computer and financial management
software be purchased to manage Coalition fimds and the State HOUSllg Assistance grant re-
;ap of CoC 101 workshop held on November 7th presented with reminder of the two
additional workshops planned for January. Meeting notes from November 22nd SW FL
Coalition for the Homeless Quarterly meeting reviewed. Discussed the CDBG grant
application for the HMIS project. Application review will take place on December 12th with
recommendations to the Collier County BCC in April. Case management committee
members were identified and a first meeting date was established. Homeless Recognition
Committee Co-Chair reported a proclamation request from the County COmmissioners was
ready to be submitted in support of National Homeless Persons' Memorial Day on December
21st. Re-cap of National Hunger and Homeless week activities - received good local press
coverage, Six (6) agencies were represented.
December 3, Collier County Hunger & Homeless Coalition General MembershiD Meeting: Dates were
2002 established for Homeless Count (2/21 & 22), Final plans for the Candlelight Vigil (12/19)
were announced; Catholic Charities ED accepting an official proclamation from the CCBCC
in recognition of 'National Homeless Person's Memorial Day'. Announcement of 'Get Help
Clinic' during Homeless Count and co-chairs. Legislative and Grant Committee reports
presented. Twelve (12) agencies were present
January 71h and Collier County Hunger & Homeless Coalition Steering Committee: CoC 10 1 Workshops II
January 14,2003 & ill to take place January 7th instead of General Membership meeting and also on Januarv
28th, Members announced at 51. Case management committee met first time on 12/16;
goals to have written standards of Care. Approximately 130 people attended the Candlelight
Vigil with good press. Seven (7) agencies were represented.
February 4 2003 Collier County Hunger & Homeless Coalition Steering Committee Meeting: Discussed the
importance of the CoC as a year-round process. Recommendation that COALffiON
Steering Committee become the CoC Committee for the next six months until formal
leadership established. Consultant from CFCC attended to gam input and begin
development of plan for CoC Strategic Planning Process, D & 0 insurance quote approved;
AnnQuncement of upcoming grant writing workshop with Chris Talcott-Roberts and Steve
Kirk in March in Immokalee. Approval to proceed with United Way membership
application. Eight (8) agencies were represented.
February 4, 2003 Collier County Hunger & Homeless Coalition General Membershio Meeting: HMIS Core
group agencies were announced. Homeless count training workshops announced; plea for
funding for hygiene kits; new member announced bringing total to 52 agencies;
announcement of new Chronic Homelessness NOF A Legislative and Grant Committee
reports presented. Legislative and Grant Committee reports presented, Twenty-two (22)
agencies were represented,
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Date of Meeting Topic of Meeting
March 4, 2003 Collier County Hunger & Homeless Coalition Steering Committee Meeting: CoC
Committee met and is reviewing HUD's evaluations of the 2001 and 2002 applications to
determine areas for improvement; Coalition meetings will rotate to lnunokalee quarterly;
Application submitted to the Community Foundation of Collier County for CoC Strategic
Planning Consultant; United Way membership application submitted; Results of Homeless
Count announced; HAG contract approved and signed between Coalition and FOG; issue of
membership dues discussed; Opening of second Coalition bank account for grant
aaministration approved. Eight (8) agencies were represented.
March 4. 2003 Collier County Hunger & Homeless Coalition General MembershiD Meeti.n..g: HMIS Core
group committee report presented; HMIS T A workshops in Sarasota ~'.nnounced; one
additional member announced; Draft Action Plan complete and available for public
comment; re-cap of Get Help clinics provided (125 individuals served); C:~tailed homeless
count report provided; CCHA ED was guest speaker presenting updated information on
Section 8. Legislative and Grant Committee reports presented. Seventeen (17) agencies
weT" represented.
April 1, 2003 Collier County Hunger & Homeless Coalition Steering Committee Meeting: Review of the
March 4th Grant Writing workshop; COC 2003 preparation - discussed leverage and
mainstream funding; United Way formal interview for Coalition membership has been
requested; First draw-down received for State HAG grant; Received a grant from the CFCC
for CoC consultant fees; Issue of membership dues are continuing to be researched; up
coming meetings will experiment with available technology to increase access by members
located outside of Naples proper, Five (5) agencies were represented.
April I, 2003 Collier County Hunger & Homeless Coalition General Membershio Meeting: CoC
preparntion discussed and CoC Committee Chair requested additional members to the
committee; requested interest in applying for 2003 CoC funds; Re-cap of HMIS T A
workshop presented; Legislative committee expressed need for membership to contact local
legislators regarding the proposed elimination of some State Homeless funding; summary of
Homeless Count submitted to membership; ED of CBIA was guest speaker spoke about
barriers to affordable housing and raising the level of awareness. Legislative and Grant
Committee reports presented. Eighteen (18) agencies were represented.
May 6, 2003 Collier County Hunger & Homeless Steering Committee Meeting: Announced the Coalition
was approved as a new Collier County United Way agency for 2004 and that the 2003
SuperNOF A has been released, including the COC application and announcement of the
local deadline and process for submitting CoC applications. Discussion of the necessity to
gather Mainstream funding sources for the COC Exlnbit I. Announcement that the Steering
Committee approved the COC Lead Agen0' agreement. Updates provided on the State
Housing Assistance grant project progress. Three (3) new agencies presented applications
for Coalition membership. Five (5) agencies represented.
May 6, 2003 Collier County Hunger & Homeless Coalition General Membershio Meeting: Bill Dillon
from Collier Health Services was guest speaker and presented infonnation on the new not-
for-profit. federally qualified Health Center providing indigent healthcare clinics in Golden
Gate, Marco Island and the Marion E. Fether Medical Center in Immokalee. CoC and
, SuperNOF A updates announced. HMIS project update along with discussion of the Health
and Hwnan Services Consortium and their interest in possibly linking to the HMIS system.
Workforce Housing Workshop update presented as well as infonnation regarding the State
budget with respect to homeless assistance funding. Flyers and registration forms were
passed out regarding the upcoming SW FL Coalition fore the Homeless Annual Conference
~ being held in Lee County at Florida Gulf Coast University on May 29th and 30th.
Legislative and Grant Committee reports presented. Twenty-four (24) agencies represented.
(
9
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2003 CoC Consolidated Application
16rJ.
Thirteen (13)
consultants.
Eighteen (18) agencies attended. Committee reviewed requirements for State Office on
Homelessness Challenge and Housing Assistance Grants, which must address the gaps and
priorities in the CoC to be eligible for funding. DiSCUSSed plan for *HMIS meetings and
reviewed n Institute resources on stem lannin and im lementation
September 17, 2002 Fourteen (14) agencies attended. Reviewed benefits of an HMIS system and discussed outcome
measurements and how *HMIS will provide much improved data for participating agencies,
while rovidin better access to services for clients.
September 23,2002 Fifteen (15) agencies attended. Presentations on *HMIS by Dr. GaIy Lounsbury, FGCU and
Mr. Richard Fan,>, Lee Coun De artment of Human Services,
Seventeen (17) a encies attended. Software resentation b Siro lici Com uter Solutions,
Twelve (12) encies attended. Review of software resentation from last meetino. _
Twenty-one (21) agencies attended CoC Workshop - Session I (Agenda _ Appendix ),
Fourteen (14) a e:..cies attended. Software resentation b ServicePoint
Eleven (11) a encies attended. Review of software resentation from last meetin .
SW FL Homeless Coalition meetin in Ft. M ers, Software resentation b fuldii,
Twenty-five (25) a encies attended CoC Worksho - Session II (A enda _ A ndix).
Fifteen (15) a encies attended CoC Worksho - Session III (A enda _ A ndix).
Eight (8) members present. Committee voted to submit a Proftssional Development grant to the
CommWIity Foundation of Collier County to pay for a consultant to facilitate our CoC long-
range strategic planning process. Members reviewed the weaknesses from the 200 I and 2002
CoC a lications.
Nine (9) members present. Discussed potential 2003 CoC projects identified during February
11th workshop. Reviewed CoC goals from 2002 application Report presented from the recent
Case Management committee, whose immediate goal is to compile 'best practices' for CoIlier
COUll to better address a s in services.
Ten (10) members present. Discussed and reviewed the 2003 CoC NOF A to detennme the local
review and ranking process and committee members; reviewed potential CoC projects and
IDvrrS ro'ect~ determined the coe strate 'c lannin rocess will be . in Jo1 ,
Nine (9) members present. Members met to discuss potential applications; confirm review
committee members and assi ents; assi final Exhibit I homework.
Seven (7) members present and five (5) appJicants present. CoC Exhibit II review and ranking
committee meetin .
Meeting scheduled to review and discuss 2003 CoC application package and plan CoC
committee meetin schedule for strate 'c lannin rocess with consultant be' . July 2003,
"HMIS: Please see Exhibit II IDvrrS Project application for detailed meeting schedule beginning in January of 2003,
Date of Meetin
July 9,2002
August 27,2002
October 15, 2002
October 29,2002
November 7, 2002
November 12, 2002
November 19, 2002
November 22,2002
Jan 7, 2003
Feb 11, 2002
February 27,2003
March 19, 2003
April 28, 2003
May 13, 2003
May 19, 2003
June 11, 2003
101 training by Aspen Institute
C M
ase ana!!ement Committee
Date of Meetin2: Topic of Meetin!
December 16, 2002 Four (4) members present. Familiarize committee members with participating agencies senices,
January 21,2003 Seven (7) members present. Discussed. compilation of 'best practices' for Collier County service
providers; Collier County Housing Authority (CCHA) did a presentation on housing vouchers
for disabled/elderlv; reviewed CCHA Family Self-Sufficiency Program
February 25, 2003 Three (3) members present. Discussed. compilation of intake fonns from all service providers in
the CoC to work on the development of a common intake fonn.
March 10; 2003 Five (5) members present. Reviewed compilation of CoC provider intake forms,
April 15, 2003 Four (4) members present. Discussed compilation of all shelters and social service agencies
'best practices' information in preparation of a handbook to be distributed to all Coalition
member agencies in June 2003 as well as to be shared with the FL Coalition for the Homele~
i May 19,2003 Five (5) members present. Final review of documentation gathered and categorized for
inclusion in 2003 'Best Practices' handbook.
June 10,2003 Meeting scheduled to present "Best Practices' handbook and discuss committee goals for 03-04.
10
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A TT ACIDvfENT II
GRANT APPLICATION INSTRUCTIONS
(SOLICITATION DOCUMENTATION)
48
16kl
Re: Grant # HFZ09
Re: Grant # HFZ09
DEPARTMENT OF CHILDREN & FAMILIES
OFFICE ON HOMELESSNESS
HOMELESS CONTINUUM OF CARE
CHALLENGE GRANTS
CSFA 60.014
FY 2004
APPLICATION INSTRUCTIONS
July 18, 2003
Office on Homelessness
1317 Winewood Boulevard
Tallahassee, FL 32399.0700
850/922.4691
FAX: 850/487.1361
Page 49
16~1
Re; Grant # HFZ09
1. Overview
16Al
The Challenge Grants shall be used to assist the local homeless continuum of care lead agency and local providen
implement their written plan for addressing the needs of their homeless populations. These funds may be used for
an array of programs, facilities, and services that are identified in the local continuum of care plan, This may
include, but not limited to, the following types of activities or projects (see section 420.624, FS, for a complete
description of the Continuum):
Homelessness Prevention
Outreach
Emergency Shelter
Supportive Services
Transitiunal Housing
Permanent Housing
The continuum of care concept and the Challenge Grant program are more fully described in Part VI, Chapter 420,
FS, Lead agencies are directed to review sections 420,621 to 420,626, FS, to find definitions of key terms,
including "homeless" and "continuum of care." This Challenge Grant program is authorized in section 420.622(4).
These state grants require no matching funds, As the source of the state funding is from general revenue, there will
be strict limits on the time available to obligate and expend these dollars, All grants must be obligated by an
executed grant agreement and all grant funded activity or project services should be completed or provided by
June 30, 2004.
All recipients of Challenge Grants shall be required to submit monthly reports on progress and performance until all
grant funded activities are completed, Further, grantees will be expected to capture and report information on the
housing status of all persons at the time they access or first receive services funded by the Challenge Grant.
2. Eligible Applicants
The only entities that may submit an application for the Challenge Grant shall be the lead agencies of the
continuum of care, as designated by the Office on Homelessness for specified catchment areas within the state,
pursuant to section 420.624(6), F.S,
The designation of the lead agencies by the Office on Homelessness has been done in consultation with the U.S.
Department of Housing and Urban Development (HUD), the local homeless coalitions within the state, and those
agencies that were identified as the lead agency in the most recent application for HUD homeless grants, The list
of designated lead agencies by catchment areas is attached in EXHIBIT 1,
Applications shall only be-accepted from these lead agencies. Any other applications received from entities not on
the list of designated lead agencies shall be returned, without review, to the entity that submitted it.
3. Maximum Grant
The limit on the grant award to a lead agency shall be $137,500 for FY 2004. This maximum grant shall be
provided only to the top eight ranked applications. All other grants shall be capped at $82,500, until all funding is
obligated,
Applications may be submitted for any amount up to but not exceeding $137,500. The lead agency shall clearly
identify a budget for those uses or activities to be funded and shall list the projects or activities to be funded if the
award is made at the $82,500 level, as well as at the $137,500 maximum grant level.
50
Re: Grant # HFZ09
16~.1
4. Number of Applications Accepted
Each designated lead agency shall submit no more than one (1) application in the fiscal year solicitation, If more
than one application is submitted, all applications received from that lead agency shall be rejected and returned to
the lead agency without review,
5. Deadline to Submit Applications
All applications must be received by the Department in the Office on Homelessness ,1317 Winewood Boulevard,
PDHO, Building 2, Room 103-C, Tallahassee, Florida 32399-0700, by 5:00 pm, EDT, on September 9, 2003. Thi~
deadline shall be formally noticed in the solicitation of applications as published in-the Flvrida Administrative
Weekly,
Applications received after this deadline shall be rejected and returned to the lead agency applicant without review.
There shall be NO EXCEPTIONS or WAIVERS, Applications must be received in the Office by the deadline.
Applicants should make sure that if the application is mailed or sent by courier service that they allow adequate time
for the application to be delivered to the Department.
All applications received shall be date and time stamped upon receipt in the Office on Homelessness and a log
maintained to reflect the receipt of each application. No faxed or electronic delivery shall be permitted for
submission of applications,
6. Copies to be Submitted
The lead agency applicant shall submit an original signed application plus three (3) photocopied applications to the
Department. Failure to submit an original signed copy, or the required number of copies (3), shall result in the
rejection of the application, The original signed application shall be clearly labeled on the cover sheet "ORIG INAL"
to identify the original signed application.
7. Eligible Uses
The lead agency may use the grant funds to fund any activity or project that is clearly and specifically identified in its
written continuum of care plan. To be an eligible activity or use the lead agency shall execute a written certification
that the use is specifically contained in the plan and shall provide evidence of that inclusion in the plan with the
certification. This evidence may be documented in a variety of places within your plan, including the description of
your continuum of care system, the action steps for attaining goals, the community's strategies to carry out its
vision, the components of the continuum, or the project priorities list as described in the Exhibit 1 of the 2003
Continuum of Care application issued by the U.S, Department of Housing and Urban Development.
The application may contain one or more activities to be funded so long as each and every one of the activities
proposed for funding is specifically identified in the written continuum of care plan, All of the grant funds shall go to
activities proposed for funding that directly benefit homeless persons or persons at risk of homelessness. Activities
that do not directly benefit homeless persons may include, but are not limited to, public education, training,
planning, and capacity building, Homeless management information systems shall be presumed to be a direct
benefit use, given its capacity to be a case management tool.
The lead agency's written plan for its continuum of care shall be filed with the Office on Homelessness at the time of
its designation as the lead agency. Any amendment to that plan on file with the Office, which has been adopted by
the continuum subsequent to the designation of the lead agency, must be attached to the application along with a
certification of the amendment date by the lead agency,
5]
Re: Grant # HFZ09
16~1
The application must clearly enumerate the activities or projects to be funded, the purpose of each, the amount
allocated for each, and the entity to carry out that use or activity,
8. Ineligible Use
Grant administration costs of the lead agency are not specifically authorized in section 420,622(4), FS, and are
ineligible, No grant funding shall be used by the lead agency for staff salary, benefits, or operating expenses
directly related to the management and oversight of this grant.
Staffing and administrative costs directly related to the implementation of eligible use activities shall be eligible and
shall be included within the total budget allotted to that eligible use. For example, tf the lead agency carries out an
eligible outreach activity, its staff and operating costs associated with that outreach activity, are el!gible,
9. Notice of Solicitation of Applications
The Department shall publish the MNotice of Solicitation of Applications for Challenge Grants,. in the Florida
Administrative Weekly at least 45 days prior to the deadline for applications. EXHIBIT 2 contains the Notice of
Solicitation of Applications.
At the time this notice is submitted to the Florida Administrative Weekly for publication, a written copy shall be
mailed to each designated lead agency by the Office on Homelessness. The use of electronic media to provide this
notice to the lead agencies shall also be allowed, including the use of FAX or email, as appropriate and available, to
the lead agency, but only physical delivery as described in paragraphs 6 and 7 shall control delivery on an
application. No faxed or electronic delivery shall be permitted for submission of applications.
10. Review Process
The Department of Children & Families shall appoint a review team consisting of at least three department
employees who are knowledgeable in the program area and may include others such as employees of other state
agencies or entities that are engaged in planning for or providing homelessness services for whom there would
exist no conflict of interest with either potential applicants or providers of eligible activities or project uses of the
Challenge Grant.
This review team shall evaluate all eligible applications, rank them using the three statutory preference criteria cited
in section 420.622(4), FS, and rank the applications, Action by the Department shall be final. Upon approval by the
Department, all applicants shall be notified in writing of the rankings and grant awards. Failure to receive a grant
award is not a protestable event.
STATUTORY PREFERENCE CRITERIA
A. Demonstrated ability of the continuum of care to provide quality services to homeless persons.
The lead agency shall provide a narrative, which describes the continuum of care actions that have been taken
to provide for quality service to the homeless in its catchment area. This narrative should specifically address
the following indicators of quality service by a continuum of care, The narrative shall include a description of
the action taken, dates when action was taken, and adequate details of the action to address the full extent to
which the indicator standard has been achieved. In addition to the narrative, the lead agency shall execute the
certification contained in Exhibit 3, attesting to the indicators of quality service standards that the continuum of
care has achieved during the reporting period, Failure to execute the certification on quality of services shall
cause the application to be ranked last on these preference criteria.
52
Re: Grant # HFZ09
16Al
The reporting period shall be the 12 months beginning July 1, 2002 and ending June 30, 2003, The narrative
shall reflect the actual ways the continuum of care served the homeless during the reporting period, The lead
agency shall only describe actions taken or activities completed, not actions pending, promised, or previously
undertaken but discontinued. If a policy, procedure, or other written document was adopted prior to the
reporting period, the lead agency may include that action only if that policy or document was still in effect and ir
use during the reporting period,
For each of the following quality of sJrvice indicators, applicants shall receive a point score, depending upon
the extent to which the Continuum of Care (COG) has achieved the specific standards for each quality of
service indicator. The applicant's total score for these rating criteria will be the sum of points awarded for all of
the quality of service indicators, The applicant and COC achieving the highest number of points for mcst
quality of service indicators achieved ~hall be ranked number one, The applicant having the second highest
number of points will be ranked number 2, and so on until all applicants are ranked,
The review team shall award points Of.:)' to the extent that the narrative affirms the indicator standard was
achieved. For each of the quality of service indicators below, the lead agency shall reply based upon their
Continuum of Care's COLLECTIVE efforts to identify and respond to the needs of homeless people in its
catchment area, The fact that one agency, or a small segment of the continuum's participating agencies, may
have performed or achieved the quality of service indicator does not constitute performance by the Continuum,
Indicating that an action is "Continuum sponsored" or "Continuum driven" shall not be considered as evidence
of full participation by all agencies participating in the COCo Rather, the standard is that the action was
applicable and required to be continuum-wide in scope and carried out by all agencies participating in the COC,
in order to achieve full award of the points for that standard. The review team may award less than the full
points for a standard where a Continuum has evidenced partial achievement of the standard,
Quality of Service Indicators
1. Continuum Governance Structure ~ Points
a. Has the COC formally created a governance structure or decision-making body? -L points
b. Does the governance body consist of members from each of the following four
sectors: private business, local government, homeless or formerly homeless
persons, and religious or faith-based organizations? . -L points
c, Are there written policies and procedures that define the composition and structure
of the governance structure, including the process to recruit and select its
members? -L points
d. Does the governance body have written policies and procedures to guide its
decision making? -L points
e. Has the governance body met at least once during each quarter of the reporting
period? -L points
2, Decision Making Process ~ Points
a. Does the continuum have adopted, written procedures, and selection criteria,
to guide the process of selecting activities or projects to be considered for
funding allocations?
b. Is there a formal, written process adopted whereby decisions of the
governance body or continuum may be appealed?
c. Does the continuum operate "in the sunshine," noticing meetings to all
interested parties and allowing public access to all meetings?
--L points
--L points
--L points
53
16Ai
Re: Grant # HFZ09
d, Does the governance body or the continuum maintain written minutes or an
equivalent record of actions taken by the bOdy at all meetings? -L point
3, Evaluation of Services -1Q. PointE
a, Has the continuum adopted a standard customer satisfaction survey, quality
assurance standard, or other evaluation tool for use in all components of the
continuum of care? -...L. points
b, Have all of the participating agencies in the continuum used the standard
customer satisfaction survey, or quality assurance standard? -L pOints
c, Were the survey responses or quality assurance reviews analyzed and
compiled into a written summary report to the lead agency? -...L. points
d. Did the continuum or its governance body adopt recommendations or
implemented actions as a result of the review of the survey responses, or
quality assurance reviews? -L points
4, Performance Measurement -1Q. Points
a. Has the continuum adopted written measures of performance for each
component of its continuum of care? -L points
b. Does the continuum apply these performance measures to all agencies
participating in the continuum? -L points
c. Have all the agencies reported their performance using the adopted measures
during the reporting period? -L points
d. Has the continuum adopted any recommendations or implemented actions as
a result of the performance measurement during the reporting period? --L point
5. Participating Parties in the Continuum Planning -1Q. Points
a. Have all of the following entities participated in at least one planning session,
or served on a planning committee, or submitted written comments in the
planning process for developing your continuum of care plan? -L pOints
(1 ) public housing authority
(2) community mental health provider
(3) regional workforce board
(4) law enforcement agency
(5) hospital
(6) local school district
(7) veterans service agency
(8) 'county health department
(9) primary health care provider
(10) public defender's office
(11) substance abuse service provider
(12) information and referral services provider
b. Has there been a fixed representative designated in writing by each and every
one of the above entities to work with the continuum? -L points
c. Have all twelve designated representatives attended at least half of the
continuum's planning meetings during the reporting period? -...L. points
d. Does the continuum have in place memoranda of agreement or other formal
relationships with all of the above entities to guide information sharing among
the participating parties? -...L. points
54
Re: Grant # HFZ09
16~\1
6, Serving the Homeless in Emergencies -1Q. Points
a, Has the continuum adopted written plans for responding to the needs of
homeless persons during emergencies, including cold weather, heat waves,
tropical storms and hurricanes? -L points
b, Does the continuum's plan provide for sheltering of all homeless people
reasonably likely to need and seek shelter during the emergency event? -L pOints
c, Does the continuum's plan address how all segments of the homeless
population are to be transported to the emergenc}' shelter when the
emergency exists? -L points
d, Has the continuum's adopted plan been adopted by the local government
emergency management agency as part of the community's emergency
management plan? -L points
7. Training -L Points
a. Did the continuum provide or facilitate training targeted to the direct or line
service workers of participating agencies on service provision to the
homeless? -L points
b, Did the continuum maintain a regular or fixed calendar of training sessions,
noticed to all participating agencies, for the reporting period? 1- points
8, Statewide Initiatives -L Points
a. Has the continuum adopted a written plan to address the availability of
housing for and referral to such housing of sexual offenders discharged from
correctional facilities into the catchment area of the continuum? -L point
b, Has the continuum succeeded in carrying out its strategy for ending chronic
homelessness, as detailed in its 2002 COC plan narrative? -L points
c. Has the continuum established formal, adopted procedures to ensure that the
local homeless management information system will be linked to the 2-1-1
information and referral phone system? -L points
9, Standards of Care -liL Points
a, Has the continuum adopted written standards of care to specifically address
the provision of emergency shelter? -L point
b, Has the continuum adopted written standards of care to specifically address
the provision of transitional housing? -L point
c, Has the continuum adopted written standards of care to specifically address
the provision of permanent supportive housing? -L point
d, Has the continuum adopted written standards of care to specifically address
the provision of supportive services? -L point
e, Has the continuum adopted written standards of care to specifically address
the provision of homeless prevention services? -L point
f, Has the continuum adopted written standards of care to specifically address
the provision of outreach related services? -L point
55
.'._~-'._~.~'-
Re: Grant # HFZ09
g. Has the continuum adopted written standards of care to specifically address
the provision of aftercare or follow-up services for persons leaving continuum
of care facilities?
h, Has the continuum adopted written standards for the collection and sharing of
infonnation, including confidentiality of clients and security of infonnation?
i. Has the continuum adopted written standards to address the rights of
homeless clients, including tenninations, evictions, and grievances?
j, Has the continuum adopted written standards to address the provision of case
management services?
10, Mainstream Program Benefits
a, Has the continuum adopted a written strategy to identify t;omeless persons
who are eligible for "mainstream" supportive service programs, including food
stamps, Medicaid, SSI, and Temporary Assistance for Needy Families?
b, Has the continuum adopted written procedures to assist tlie homeless in
enrolling in these "mainstream" programs?
c, Has the continuum adopted a written strategy to ensure the homeless receive
the assistance from each program in which they are enrolled?
d. Does the continuum collect and maintain data on the number of homeless
persons enrolled in and receiving assistance from each of the "mainstream"
programs?
11. Point-In-Time Survey
a. Has the continuum conducted within the period of July 1, 2001 and June 30,
2003, a point-in-time survey to define the homeless population within its
catchment area?
b, Did the continuum use the standardized point-in-time survey instrument,
endorsed by the Council on Homelessness in September 2002?
c, Does the continuum have a written policy adopted, which will require
conducting point-in-time surveys no less frequently than every two years?
d, Did the continuum administer the point-in-time survey at all local homeless
provider agencies in its catchment area?
e, Did the continuum administer the point-in-time survey in a manner to capture a
count of those persons who may not be sheltered, or being served by
agencies (Le" those on the street, living in outdoor locations, cars, or other
vehicles, or doubled up living with families or friends)?
f. Does the continuum provide training and instruction to those carrying out the
survey on the proper methods to be used?
12, New or Expanded COC Catchment Areas
a. Is this application submitted on behalf of a continuum of care, whose
catchment area was not designated by the Office on Homelessness as a
designated continuum in the FY 2003 Challenge Grant application
instructions?
-OR-
b. (1) Has the catchment area of the continuum been expanded to include at
least one additional county, since the designation of the continuum's
catchment area in FY 2003 by the Office on Homelessness?
56
16tJ.
-L point
-L point
-L point
-L point
--1Q. Points
-L. points
-L points
-L points
-L. points
--1Q. Points
-L point
-L point
-L. points
-L. points
--L- points
-L. points
-1Q. Points
-1Q. points
--1Q. points
Re: Grant # HFZ09
(2) Does the $137,500 budget for this Challenge Grant include funding
activities or uses within the new county(s) added to the catchment area?
--1Q. points
MAXIMUM POINTS POSSIBLE IS 120 POINTS
16111.
B, Ability to leverage McKinney Act and private money for the provision of services to homeless'persons.
The lead agency shall list on the form in Exhibit 4 all funding received by organizations participating in the
continuum of care from grants authorized under the McKinney-Vento Homeless Assistance Act (42 U.S,S., ss
11371, et. seq,), and from private sources (non-governmental) for homeless services within its catchment area.
The list shall be limited to those grants received or private cash received within the period from July 1, 2002 to
June 3D, 2003,
For grants, received shall be defined as the total amount of the grant award as reflected on the fully executed
grant award letter from the grantor agency, In those programs that provide for multi-year commitments and
awards, the lead agency shall specify the amount claimed for the award for purpose of this leverage, up to the
full amount of the award commitment evidenced by the grant award letter. Once the grant award has been
claimed as leverage in a Challenge Grant application, it may no longer be claimed on any future Challenge
Grant application, Do not include any grant awards claimed in your 2002 or 2003 Challenge Grant applications,
except where a balance of a multi-year award was not claimed previously,
For private funds, the amount received shall be the actual amount of cash received during the period for direct
services targeted to homeless persons, In-kind services or donations of goods or services shall not be eligible
to claim as leverage, The amount of cash received for service to the homeless shall be evidenced by written
receipts or independent audits of the receiving agency or entity participating in the continuum of care, The lead
agency shall maintain this evidence on file in the continuum records and shall execute the written certification
on the amount of private cash claimed in the application. Like the grant funding, once the private cash is
claimed in a Challenge Grant application, it may no longer be claimed on any future Challenge Grant
application,
Lead agencies are directed to the following programs authorized under the McKinney-Vento Homeless
Assistance Act, for claims of grant leveraged, These are the only grant sources that shall be recognized for
leverage.
Federal Eligible
Proqram Name CFDA # Aqency Grantees
1, Homeless Veterans Reintegration Progntr' 17.805 Labor State and local public agencies, p;:v:~te
industry councils, non-profit agenc~cs i"
75 largest metropolitan areas and rU~E;:
areas of need.
2, Health Care for the Homeless 93,151 HHS Non-profit private organizations, state
and local government agencies.
3. Projects for Assistance in Transition from 93.150 HHS States, District of Columbia, territories,
Homelessness (PATH) with subgrants to political subdivisions
of states and non-profit entities.
4. Education for Homeless Children & Youth 84,196 Educ State departments of education, with
57
._~~.,~.
Re: Grant # HFZ09
Incal educational a9!Cib'sA 1
subgrantees.
5. Emergency Shelter Grant 14,231 HUD States, cities, urban counties and
territories, with subgrants to non-profit
entities.
6. Shelter Plus Care 14.238 HUD States, units of local government, or
public housing agency.
7. Supportive Housing Program 14.235 HUD States, local governments, other govern
mental'entities, private non-profits, publj,
non-profit community mental health
association.
8, Section 8 Moderate Rehab, Single Room 14.249 HUD Public housing agency or private non-
Occupancy (SRO) profit organization,
9. Emergency Food and Shelter
83,523
FEMA
Red Cross, Catholic Charities, United
Jewish Communities, National Council of
Churches, Salvation Army, United Way,
independent non-profits which provide
food and/or shelter services.
The lead agency shall fully document the amounts claimed as leverage and maintain that evidence in its files to
support the certification of leverage claimed on Exhibit 4. Failure of the lead agency to execute the certification of
leverage shall cause the application to be ranked last on the leverage preference criteria.
The leveraged grant and private cash amount certified by the lead agency shall be divided by the population of the
catchment area of the continuum of care to calculate a leverage ratio per 1000 population. For example, if the total
leverage of McKinney Act grants and private cash totals $7,000,000 and the population of the catchment area of
Alachua County's, for example, is 217,955 a leverage ratio of $32,116.72 per 1000 population is determined. If this
same amount of leverage, $7,000,000, was certified for Broward County, with a population of 1,623,018, the
leverage ratio would be $4.31 per iOOO population.
The ranking of the applications shall be based on the highest certified leverage ratio being ranked number 1, The
next highest leverage ratio shall be ranked number 2 and so on until all applications are ranked. In the event two or
more applicants certify the same lev0rage ratio they shall be ranked equally in the order, with the rank score being
the average score of the two or m~m;; rank places, Example: two applicants have a leverage ratio or $20.00/1000
population, with seven applicants having a higher ranked leverage. These two applicants would receive a rank of
8,5, averaging the number 8 and number 9 rank orders.
C, Catchment area with the greatest need for the provision of housing and services to the homeless, relative to the
population of the catchment area,
The lead agency shall add the data contained in the continuum of care homeless population and sub
populations chart for both homeless individuals and persons in families with children. This total number of
persons shall be aggregated as a count of the estimated number of persons homeless, either individuals or
homeless families, and shall include both those sheltered and unsheltered in the catchment area, See Exhibit 7
58
Re: Grant # HFZ09
for the latest housing gaps analysis and homeless population charts instruction and tables from the U.8f\ 1
Department of Housing and Urban Development, to guide your response. 1 6 R
In documenting the need for homeless housing, the lead agency shall use the continuum of care homeless
population and sub population chart as filed with the Office on Homelessness, as part of the designation of lea
agencies for FY 2004. That submitted homeless population chart shall be used for purposes of documenting
need only if the lead agency can and does certify that the data provided: '
(1) represents the number of homeless persons in the catchment area on any given night;
(2) is not adjusted through the use of multipliers or other means; ,
(3) is derived directly from street counts, point-in-time surveys, homeless management information systems,
service provider agency records, and/or similar empirical methods;
(4) includes only persons who are homeless according to the operational definition of homelessness used by
U.S, HUD and adopted by the Council on Homelessness (see Exhibit 9 for this definition); and
(5) represents an unduplicated counUestimate (Le, includes each individual once and only once) to the
greatest extent possible.
If the homeless population chart on file fails to meet the data standard for unadjusted data, as stated in the
paragraph above, the lead agency shall submit with the application a revised homeless population chart with
supporting narrative describing the methodology used in revising the homeless population chart. The lead
agency shall provide a cover letter with the revised homeless population chart attesting to the adoption by the
continuum of the revised population data,
The lead agency shall complete and execute the certification on the need form, Exhibit 10. In the event an
applicant is unable to certify that its estimate of need adheres to the standards described above, or fails to
execute the certification, the application shall be ranked last on the need statutory criteria,
The total number of homeless persons, both sheltered and unsheltered, shall be divided by the total population
of the catchment area, based on the 2000 Census data by county(s) within the catchment area. EXHIBIT 5
provides the total population by county in 2000, The resultant calculation shall establish a ratio of homeless
population per 1000 population for the catchment area as documented using the form found in Exhibit 10. See
Exhibit 8 for a sample county homeless population chart,
Example: "Sample County"
Estimated Homeless Individuals
Estimated Homeless Persons in Families
5,401 Persons
2,927 Persons
[SOURCE: Exhibit ~~J
TOTAL HOMELESS PJPULA TION
8,328 Persons
2000 Population
2,253,362
[SOURCE: Exhibit 5J
Homeless Persons/1000 Population
8,328
2,253 (rounded) = 3.70 homeless persons/1000
pop41ation in catchment area
The review team shall compare all eligible applicants to determine the catchment area with the highest ratio of
homeless persons per 1000 population, This application shall be ranked number one. All other applicants shall
be ranked in descending order with the second highest need ratio ranked second and so on until all applicants
are ranked.
59
Re: Grant # HFZ09
In the event two or more applicants have the same need ratio, they shall be ranked equally in the rank ~er,
with their rank score being the average score of the two or more rank places, Example: T'1' a~ic'ts aVe
the same need ratio of 1,0 homeless persons per 1000 population, Ten applicants have hi~eUicls\ tw
applicants would be ranked at 11.5, averaging the number 11 and 12 rank order places,
FINAL RANKING
The review team shall establish a final ranking by totaling the ran kings in the three preference criteria outlined
above. For example, if the application is ranked number 7 in quality of service, number 3 in leverage, and number
in need, its total ranking score is 16. The application with the lowest total ranking score shall be the top ranked
application. The lowest combined ranking score per reviewer possible is 3, and the highest score would be 3 time~
the number of applications reviewed as eligible,
In the event of a tie in the total ranking score, the review team shall rank the applicant that was ranked higher on
the catchment area need preference criteria above the other application for the purpose of determining the final
order for awards,
11. Grant Amounts
The total grant funding available for award is $2,116,025, The amount of grant award shall be the total amount of
eligible uses requested, up to $137,500, The top ranked application shall be funded first, with each subsequent
ranked application awarded until the grant amount is exhausted, The top eight ranked applications shall be eligible
for a grant up to $137,500. All/ower ranked applications shall be awarded up to $82,500. The Department
reserves the right to make grant awards in amounts less than the requested amount in the event (1) that uses
proposed are deemed ineligible by the Department, or (2) that the grant funding remaining available is less than the
amount of the grant request for the final application funded in rank order.
Lead agencies receiving grant awards shall agree to participate in the Office on Homelessness' process to develop
standardized data collection methods and the creation of a statewide homeless management information system.
Further, grantees shall be required to submit monthly reports of performance, until grant funded activities are
completed. The lead agency and all providers of grant assisted service shall collect and report information of the
housing status of persons at the time they access or first receive assistance from the grant-funded activities.
12. Application Formats
All applications sr,all be on paper of the size 8}'2 x 11, be provided in the order described below, and the application
shall be in a binder with a table of contents clearly showing the order of the material with pages clearly numbered.
Where referencc.; documents area to be included in the application, they shall be Ilserted in the application
immediately fo/lo\'\[ng the section of the application in which they are referenced
13. Application Contents
Each application shall consist of the following information and shall be bound in the specific order of the information
required outlined herein.
(1) Cover Letter
The lead agency shall provide a letter, on agency letterhead, describing the total amount of the requested
grant, an enumeration of the uses of the grant, and the point of contact at the lead agency to serve a grant
manager. A point of contact shall be identified to be notified in the event of a grant completeness issue. A
60
Re: Grant # HFZ09
phone and fax number shall be provided for the contact person for completeness issues. A duly authorized
official of the lead agency shall sign this letter,
(2) Budget
16Al
The budget shall follow the forms contained in EXHIBIT 6A & B and must clearly delineate the following for
each proposed activity or project:
(a) The activity or project use,
(b) Amount of grant for each use/activity.
(c) Name of the provider entity(ies) to carry out the activity or use.
(d) Location(s) where the activity is carried out.
(e) Population of Homeless Served,
m Estimated Expenditure of Grant Funds by Quarter,
(3) Certification of Consistency with Continuum of Care Plan,
The lead agency shall provide a letter on agency letterhead that shall be signed by the same duly authorized
official that signs the cover letter certifying that each use is contained within the continuum of care plan, This
letter shall list each use proposed for funding along with the specific citation of where in the plan this activity or
use is described in the plan, This reference should cite the section, page, project list, or other clearly
identifiable reference to the plan, Copies of applicable portions of the written plan shall be attached to the letter
highlighting the specific use citations,
(4) Narrative:
The lead agency shall provide a brief narrative, not to exceed two pages, that describes all of the activities to be
funded, the homeless populations to be served, and the outcomes expected to be achieved for each activity
proposed to be funded. This narrative should clearly delineate which uses would be funded at the $137,500
grant level, as well as those to be funded at the $82,500 level.
(5) Quality of Services Narrative,
The lead agency shall describe the actions taken by the continuum of care in providing quality services, as
described in item 10.A above. Be sure your narrative is specific, so as to enable the reviewer to determine
wh~ther each quality indicator has been achieved, The certification by the lead agency of indicators of quality
of services, per the form in Exhibit 3, shall immediately follow the narrative section.
(6) '.everage of McKinney Act and Private Funds,
Tht=! .ead agency shall list the funding received in the period from July 1, 2002 to June 30, 2003, by grant award
or private funder. The list shall clearly show each individual grant or receipt of private cash, which clearly
references the item on the list. The lead agency shall provide a signed ~ertification of the total of funding
leveraged, This listing shall follow the form on EXHIBIT 4,
(7) Homeless Need
The lead agency shall complete the form on EXHIBIT 10, using the data from its Homeless Population and
Subpopulation Chart in its continuum of care plan and the census population data from EXHIBIT 5. The result
should be the ratio of homeless persons per 1000 population, rounded to the nearest hundredth of a person,
The lead agency shall provide a signed certification on the data used from the homeless population chart on
Exhibit 10.
61
Re: Grant # HFZ09
(8) Performance Measures
16Al
The lead agency shall submit a narrative, not to exceed two pages, that clearly delineates the performance
measure(s) to be applied to each activity or use proposed for funding and the outcomes to be achieved by each
use. These shall be measurable indicators of performance and should relate to the goals within the continuum
of care plan. These measures will become part of the grant award agreement and reporting requirements for
the lead agency. Measures shall be provided for all uses requested, If your grant seeks funding for a
supplemental budget, be sure to describe the performance measures for those additional uses,
62
Re: Grant # HFZ09
(9) Ability to Complete Activities
The lead agency shall document its ability to complete the funded activities by the end of June 2004. This
should include time lines of critical tasks to be accomplished for each use; monthly or quarterly spending plans,
proposed draw down schedules; and reporting schedule for outcomes achieved. This narrative should add res:
the status of the selection of the local providers of activities; the status of needed subcontract,s between t"e
lead agency and the provider entities; the identification of homeless clients to be served; and preparations
underway to allow for the timely obligation and expenditure of these funds, NOTE: Funding is not expected to
be authorized in the first quarter of the fiscal year due to the timing of the grant awards.
16Al
14. Completeness.
The Office on Homelessness shall evaluate all applications received by the deadline date and time for
completeness, The completeness review shall be limited to the following items:
· Is there a signed original, plus three copies of the application?
· Is there a signed, original certification of consistency with the continuum of care plan?
· Are Exhibit 6, A & 8, budget forms contained in the application?
If any of these items are not contained or found in the completeness review, the Office on Home!essness shall
notify the applicant by FAX of the missing item. The Office will also make a call to the lead agency to affirm that a
fax was sent. The applicant shall have 72 hours to FAX the missing material or item to the Office (from the data
and time of the notice of missing item(s)).
Failure to provide original signed certification on the following items shall result in the application ranking being
ranked last for the respective preference criteria by the review team,
· Certification of Quality Service Standards, Exhibit 3.
· Certification of Leverage Funds, Exhibit 4,
· Certification of Unmet Need Per Catchment Area Population, Exhibit 10,
No additional material shall be provided following the deadline for receipt of the application for any of the ranking
criteria.
Failure to provide a complete application shall result in rejection and retum of the application without ranking, This
determination will be made following the receipt of mat~rials, or lack thereof, after the 72-hour response period,
15. Liens.
In the event that the Challenge Grant proceeds are used 10 acquire or improve real property, such use shall be
contingent upon the lead agency and/or its subgrantees Q:-anting to the state a security interest in the property at
least equal to the amount of the state funds provided, for at least five (5) years from the date of purchase or
completion of the property improvements. The securing of the lien position and recording of the lien document shall
be the responsibility of the lead agency. The lien must be in the Department's favor, See Exhibit 11 for a sample
lien document.
In the event that the property to be acquired or improved is owned by a unit of local government, no lien document
shall be required. However, the unit of local government shall provide a letter attesting to the fact that should the
property cease to be used for homeless programs in accordance with the Challenge Grant application, then the unit
63
Re: Grant # HFZ09
of local government shall repay to the Department the proportionate share of the state's initial grant investment, as
adjusted by depreciation, 16. Al
16. Contact:
Mr, Tom Pierce, Executive Director, or
Mr. Jerry Smith, Senior Management Analyst II
Office on Homelessness
850/922-4691
850/487-1361 [FAX}
64
Re: Grant # HF209
EXHIBITS
8
9
10
11
CHALLENGE GRANTS
INFORMATION
Designated Lead Agencies by Catchment Area
Notice of Solicitation of Applications for Challenge Grants
Quality of Service Certification by Lead Agency
Leveraged Funding Form and Certification
2000 Census, Population by County
Budget Form
Expenditure Schedule
Instruction for Continuum of Care Housing Gaps Analysis and Homeless
Population Chart
Sample County Homeless Population Chart
HUD Operational Definition of Homelessness
Certification of Estimated Need Per Catchment Area Population
Sample lien Document
16Al
EXHIBIT
1
2
3
4
5
6-A
6-B
7
65
Re: Grant # HFZ09
EXHIBIT 1
CONTINUUM OF CARE DESIGNATED AGENCIES
16Al
CONTINUUM OF CARE LEAD AGENCY
Mr. Jon DeCarmine, Chair
Alachua County Coalition for the
Homeless & Hungry
PO Box 12491
Gainesville, FL 32604-2491
P - 352/377-5690
F - 352/371-6446
achomeless@yahoo.com
hencinia@ci.qainesville,fi.us
CATCHMENT AREAS BY COUNTY
Alachua & Putnam
Ms. Gay Williams, Director
Housing and Human Services Director
Brevard County
2725 Judge Fran Jamieson Way
Building B, Suite 105
Viera, FL 32940
P - 321/633-2007
F - 321/633-2076
qay. williams@countyqovt.brevard,fi.us
Brevard
Mr. Steve Werthman
Broward County Homeless Initiative Partnership
Administration
Human Services Department
115 South Andrews Avenue, Room 516
Fort Lauderdale, FL 33301
P - 954/357-6167
F - 954/357-5521
swerthman@broward,orq
Broward
Ms. Ana Romillo, Executivo. Director
Charlotte County Homeless Coalition
3880-A Tamiami Trail
Port Charlotte, FL 33952
P - 941/627-4313
F - 941/627-9648
ana romillo@cchomelesscoslition.orq
Charlotte
Mr. James H. Lowe
Mid-Florida Homeless Coalition
c/o Lake Community Action Agency
PO Box 1527
Eustis, FL 32757-1527
P - 352-357-5550
F - 352/483-2298
JamesL@LakeCAA.org
Citrus, Hernando, Lake, & Sumter
66
Re: Grant # HFZ09
CONTINUUM OF CARE LEAD AGENCY
Ms. Janeen Person-Coale
Collier County, Dept of Financial Administration and Housing
3050 North Horseshoe Drive, Suite 275
Naples, FL 34104
P - 239/213-2901
F - 239/403-2331
Janeen Person@collieraov.net
Ms, Wanda Lanier, Executive Director
Emergency Services & Homeless Coalition
of Jacksonville
900 University Boulevard, North
Suite 405
Jacksonville, FL 32211
P - 904/744-0969 or 247-5112
wandalanier@bellsouth.net
Ms. Thresa Hogue
EscaRosa Coalition on the Homeless
PO Box 17222
Pensacola, FL 32522-7222
P - 850/439-3009
F - 850/438-5901
thoaue@mhawfl,ora
Mr, Rayme L. Nuckles, Chief Executive Officer
Homeless Coalition of Hillsboraugh County, Inc,
PO Box 360181
Tampa, FL 33673-0181
P - 813/404-7514
F - 813/236-2279
ravme@homelessofhc.orq
Ms. Louise Hubbard, ::xecutive Director
Treasure Coast Homeless Services Council, Inc.
2525 St. Lucie Avenue
Vera Beach, FL 329C~
P - 772/567-7790
F - 772/567-5991
irhsclh@aol,com
Mr. Richard Faris
Lee County, Department of Human Services
83 Pondella Road
North Fort Myers, FL 33903
P - 239/652-7930
F - 239/652-7960
farisrl@/eeaov.com
67
CATCHMENT AREAS BY cour 6 At'
Collier
Duval & Clay
Escambia & Santa Rosa
Hillsborough
Indian River, Martin, & St. Lucie
Lee
Re: Grant # HFZ09
CONTINUUM OF CARE LEAD AGENCY
Ms, Kay Freeman, Executive Director
Tallahassee Coalition for the Homeless
PO Box 226
Tallahassee, FL 32302-0226
P - 850/576-5566
F - 850/577-0586
kfreem an@tallahasseeCH.ora
Mr, Alex Young, Executive Director
United Way of Sarasota County
1445 2nd Street
Sarasota, FL 34236
P - 941/366-2686
F - 941/365-4368
alexy@uwsrq.com
Mr. Toni James
United Way of Marion County, Inc.
PO Box 1086
Ocala, FL 34478-1086
P - 352/732-9696
F - 352/732-9608
tiames@uwmc.org
rfricks@marionschoolreadiness,com
Mr. David Raymond, Acting Executive Director
Miami-Dade County Homeless Trust
111 NW 1 st St, Suite 2710
Miami, FL 33128
P - 305/375-1490
F - 305/375-2722
dray@miamidade.qov
Reverend Stephen E. Braddock
Southernmost Homeless Assistance League
PO Box 2990
Key West, FL 33045-2990
P - 305/293-8189
F - 305/293-8276
FrBraddock@cs.com
Ms. Martha "Marty" C, Lackey, Director
OkaloosalWalton Coalition on the Homeless, Inc.
6 Bob-o-Iink Road
Ft. Walton Beach, FL 32548
P - 850/243-5648
F - 850/244-5717
MartyL 1 @cox.net
68
CATCHMENT AREAS BY COUNTY
Leon, Franklin, Gadsden, Jefferson, LibertY1
Madison. Taylor, & Wakulla 16 A
Manatee & Sarasota
Marion
Miami-Dade
Monroe
Okaloosa & Walton
Re: Grant # HFZ09
CONTINUUM OF CARE LEAD AGENCY
Ms, Marilyn Gordon, Executive Director
Homeless Services Network of Central Florida
1510 East Colonial Drive, Suite 201-W
Orlando, FL 32803
P - 407/893-0133
F - 407/893-5299
qordonmarilvn@att,net
Ms. Sheila J, Smith
Executive Director
The Homeless Coalition of Palm Beach County, Inc,
605 Belvedere Road, Suites 10-11
West Palm Beach, FL 33405
P - 561/832-0011
F - 561/832-9010
sheila@hcoalmbeach.orq
Mr. David Gray, President
Coalition for the Homeless of Pasco County, lnc,
10934 U,S. Highway 19, Suite 203
Port Richey, FL 34668
P - 727/862-5805
F - 727/868-2675
homelescoalition@verizon.net
Ms, Beth Eschenfelder
Pinellas County Coalition for the Homeless
PO Box 11195
S1. Petersburg, FL 33733-1195
WK-P - 727/328-1752 X-201
HM-P - 727/323-5771
F - 727/321-7968
beschenfelder@msn.com
Ms. Donna Rock, Executive Director
Homeless Coalition of Polk County
835 North Kentucky Avenue
'.akeland, FL 33801
863/687-8386
h PO lk@tamoabav.IT.com
rv:r. Jimmie Harden, President
Emergency Services and Homeless Coalition of
S1. Johns County, Inc.
PO Box 3422
St Augustine, FL 32085-3422
WK - 904/819-0059
Homeless@auQ.com
69
CATCHMENT AREAS BY COUNTY
Orange, Osceola, & Seminole
16 A1
Palm Beach
Pasco
Pinellas
Polk, Hardee, & Highlands
S1. Johns
Re: Grant # HFZ09
1 6 Al .. ~"~:i
The following lead agencies were designated in 2003. Their updated designation for the 2004 cycle is
pending receipt of their 2003 Continuum of Care plan (Exhibit 1, HUD Continuum of Care NOF A). Please
contact the Office for the latest status on these continuums of care and their catchment areas.
CONTINUUM OF CARE LEAD AGENCY
Mr. Frank Dean, President
Homeless & Hunger Coalition of Northwest Florida
PO Box 549
Panama City, FL 32402-0549
850/769-2738
CA TCHMENT AREAS BY COUNTY
Bay
Ms, Lindsay Roberts, CAE
Executive Director
Vo/usia/Flagler County Coalition for the Homeless
PO Box 6498
Daytona Beach, FL 32122-6498
Lindsav Roberts@bellsouth.net
Volusia
Rev. 07/18/2003
70
Re: Grant # HFZ09
EXHIBIT 2
16Al
SOLfcrT A TraNS OF APPLfCA TraNS FOR
CHALLENGE GRANTS
TO LEAD AGENCIES FOR HOMELESS ASSISTANCE
Pursuant to Section 420,622 Florida Statutes, the Department of Children and Families through the State Officl
on Homelessness, hereby solicits applications for Challenge Grants to lead agencies for homeless assistance
continuums of care designated by the State Office on Homelessness. A lead agency may be a local homeless
coalition, municipal or county government, or other public agency, or a private not for profit corporation, Such
grants may be up to $137,500 per lead agency,
To qualify for the grant, a lead agency must develop and implement a local homeless assistance continuulT
of care plan for its designated catchment area.
Preference will be given to those lead agencies that have demonstrated the ability of their continuum of
care to provide quality services to homeless persons and the ability to leverage federal homeless assistance under
the Stewart B. McKinney Act and private funding for the provision of services to homeless persons, Preference will
also be given to lead agencies in catchment areas with the greatest need for the provision of housing to the
homeless, relative to the population of the catchment area,
Lead agencies wishing to apply for such homeless housing assistance grants should request an application
package from:
Office on Homelessness
1317 Winewood Boulevard
Tallahassee, FL 32399-0700
850/922-4691
The deadline for submission of applications to the Office on Homelessness shall be 5:00 p.m., EDT, on
September 9, 2003.
71
Re: Grant # HFZ09
EXHIBIT 3
QUALITY OF SERVICE: CERTIFICATION BY LEAD AGENCY
For the reporting period beginning July 1, 2002 and ending June 30, 2003, the following statements are true and
accurate for our continuum of care and that all evidence and documentation to support these claims are maintainel
on file with the lead agency,
16A1
Quality of Service Indicators
1, Continuum Governance Structure
a. Has the COC formally created a governance structure or decision making bOdy?
Yes No
b, Does the governance body consist of members from each of the following four sectors: private
business, local government, homeless or formerly homeless persons, and religious or faith-based
organizations?
Yes No
c. Are there written policies and procedures that define the composition and structure of the governance
structure, including the process to recruit and select its members?
Yes No
d, Does the governance body have written policies and procedures to guide its decision making?
Yes No
e. Has the governance body met at least once during each quarter of the reporting period?
Yes No
2. Decision Making Process
a. Does the continuum have adopted, written procedures, and selection criteria, to guide the process of
selecting activities or projects to be considered for funding allocations?
Yes No
b. Is there a formal, written process adopted whereby decisions of the governance body or continuum
may be appealed?
Yes No
c. Does the continuum operate "in the sunshine," noticing meetings to all interested parties and allowing
public access to all meetings?
Yes No
d. Does the governance body or the continuum maintain written minutes or an equivalent record of
actions taken by the bod:' at all meetings?
Yes No
3. Evaluation of Services
a, Has the continuum adopteJ a standard customer satisfaction survey, quality assurance standard, or
other evaluation tool for use In all components of the continuum of care?
Yes No
b. Have all of the participating agencies in the continuum used the standard customer satisfaction survey,
or quality assurance standard?
Yes No
c, Were the survey responses, or quality assurance reviews analyzed and compiled into a written
summary report to the lead agency?
Yes No
d, Did the continuum or its governance body adopt recommendations or implemented actions as a result
of the review of the survey responses, or quality assurance reviews?
Yes No
72
Re: Grant # HFZ09
4. Performance Measurement 1 6 Al f~ .'~J
a. Has the continuum adopted written measures of performance for each component of its continuu m of
care?
Yes No
b, Does the continuum apply these performance measures to all agencies participating in the continuum?
Yes No
c, Have all the agencies reported their performance using the adopted measures during the reporting
period?
Yes No ,
d, Has the continuum adopted any recommendations or implemented actions as a result of the
performance measurement during the reporting period?
Yes No
5, Participating Parties in the Continuum Planning
a, Have all of the following entities participated in at least one planning session, or served on a planning
committee, or submitted written comments in the planning process for developing your continuum of
care plan?
Yes
No
(1) public housing authority
(2) community mental health provider
(3) regional workforce board
(4) law enforcement agency
(5) hospital
(6) local school district
(7) veterans service agency
(8) county health department
(9) primary health care provider
(10)public defender's office
(11 )substance abuse service provider
(12)information and referral services provider
b. Has there been a fixed representative designated by each and every one of the above entities to work
with the continuum?
Yes No
c. Have all twelve dt;!s,gnated representatives attended at least half of the continuum's planning meetings
during the reporti% period?
Yes No
d. Does the continuum have in place memoranda of agreement or other formal relationships with all of the
above entities to guide information sharing among the participating parties?
Yes No
6. Serving the Homeless in Emergencies
a. Has the continuum adopted written plans for responding to the needs of homeless persons during
emergencies, including cold weather, heat waves, tropical storms and hurricanes?
Yes No
73
Re: Grant # HFZ09
b, Does the continuum's plan provide for sheltering of all homeless people reasonably likely to need and
seek shelter during the emergency event? [16 "'1
Yes No 1-\
c, Does the continuum's plan address how all segments of the homeless population a 0 6e transported
to the emergency shelter when the emergency exists?
Yes No
d. Has the continuum's adopted plan been adopted by the local government emergency management
agency as part of the community's emergency management plan?
Yes No
7. Training
a, Did the continuum provide or facilitate training targeted to the direct or line service workers of
participating agencies on service provision to the homeless?
Yes No
b, Did the continuum maintain a regular or fixed calendar of training sessions, noticed to all participating
agencies, for the reporting period?
Yes
No
8, Statewide Initiatives
a. Has the continuum adopted a written plan to address the availability of housing for and referral to such
housing of sexual offenders discharged from correctional facilities into the catchment area of the
continuum?
Yes No
b. Has the continuum succeeded in carrying out its strategy for ending chronic homelessness, as detailed
in its 2002 COC plan narrative?
Yes No
c, Has the continuum established formal, adopted procedures to ensure that the local homeless
management information system will be linked to the 2-1-1 information and referral phone system?
Yes No
9. Standards of Care
a, Has the continuum adopted written standards of care to specifically address the provision of
emergency shelter?
Yes No
b. Has tho continuum adopted written standards of care to specifically 8ddress the provision of transitional
hous!r~?
Yes No
c, Has the continuum adopted written standards of care to specifically address the provision of permanent
supportive housing?
Yes No
d. Has the continuum adopted written standards of care to specifically address the provision of supportive
services?
Yes No
e, Has the continuum adopted written standards of care to specifically address the provision of homeless
prevention services?
Yes
No
74
Re: Grant # HFZ09 . ~
f. Has the continuum adopted written standards nf care to specifically address the ProviSin'}l'f <ti ach
related services? \ 0 I \
Yes No.
g. Has the centinuum adepted written standards ef care to. specifically address the provisien ef aftercare
er follow-up services for persens leaving cantinuum af care facilities?
Yes No
h, Has the centinuum adopted written standards for the collection and sharing of informatien, including
cenfidentiality af clients and security of infermatien?
Yes No.
i. Has the centinuum adopted written standards to address the rights of homeless clients, including
terminations, evictions, and grievances?
Yes No.
j, Has the cantinuum adopted written standards to. address the provisian ef case management services?
Yes No
10, Mainstream Pregram Benefits
a. Has the continuum adopted a written strategy to identify homeless persons who. are eligible for
"mainstream" supportive service pregrams, including feod stamps, Medicaid, SSI, and Temperary
Assistance for Needy Families?
Yes No
b. Has the continuum adopted written pracedures to assist the homeless in enrolling in these
"mainstream" programs?
Yes No.
c. Has the continuum adopted a written strategy to ensure the hemeless receive the assistance from each
program in which they are enrolled?
Yes No.
d, Dees the centinuum callect and maintain data on the number of hemeless persens enrelled in and
receiving assistance from each ef the "mainstream" pregrams?
Yes No.
11. Peint-In- Time Survey
a, Has the centinuum conducted within the peried ef July 1, 2001 and June 30, 2003, a point-in-time
survey to. define the heme less populatien within its catchment area?
Yes No.
b. Did the continuum use the standardized point-in-time survey instruments endersed by the Cauncil an
Hamelessness in September 2002?
Yes No.
c L)aes the cantinuum have a written palicy adapted, which will require canducting point-in-time surveys
no. less frequently than every two. years?
Yes No.
d. Did the cantinuum administer the peint-in-time survey at all lacal ht'meless provider agencies in its
catchment area?
Yes No.
e. Did the centinuum administer the paint-in-time survey in a manner to. capture a caunt ef these persans
who. may net be sheltered, ar being served by agencies (Le" thase en the street, living in autdaar
lacatians, cars ar ather vehicles, er daubled up living with families ar friends)?
Yes No.
f. Dees the cantinuum provide training and instructien to thase carrying out the survey on the proper
methads to. be used?
Yes
No.
75
Re: Grant # HFZ09
.
a. Is this application submitted on behalf of a continuum of care, whose catchment area was not
designated by the Office on Homelessness as a designated continuum in the FY 2003 Challenge Grar
application instructions?
\b~
12. New or Expanded COC Catchment Areas
Yes
No
-OR-
b. (1) Has the catchment area of the continuum been expanded to include at least one additional county,
since the designation of the continuum's catchment area in FY 2003 by the Office on
Homelessness?
Yes No
(2) Does the $137,500 budget for this Challenge Grant include funding activities or uses within the
new county(s) added to the catchment area?
Yes No
Lead Agency Certification
I hereby attest that the above statements are true and accurate, based upon evidence and documentation on file
with this lead agency on behalf of our continuum of care,
Name of Continuum of Care:
Name of Lead Agency:
Name of Certifying Official:
Signature of Certifying Official:
Date Signed:
FAILURE TO PROVIDE AN ORIGINAL SIGNED CERTIFICATION FOR QUALITY OF SERVICE, SHALL BE
CAUSE FOR THE APPLICATION TO BE RANKED LAST ON TW: QUALITY SERVICES PREFERENCE
CRI fERIA.
76
Re: Grant # HFZ09
EXHIBIT 4
LEVERAGED FUNDING
\bt\\
A. McKinney-Vento Homeless Assistance Act Grants
Prooram
1, Homeless Veterans Reintegration
2, Health Care for the Homeless
3, PATH
4, Education for Homeless Children
5. Emergency Shelter Grant
6, Shelter Plus Care
7. Supportive Housing Program
8, Section 8 Moderate Rehab., SRO
9. Emergency Food & Shelter
TOTAL GRANTS
Grant
Amount
$
$
$
$
$
$
$
$
$
$
Grant Award
#/Reference
Date of Grantor
Executed Award Letter
8, Private Cash for Services to Homeless Persons
Particioatino Continuum Aoency
1.
2.
3,
4,
TOTAL PRIVATE MONEY
TOTAL LEVERAGE CLAIMED
A. McKinney Act Grants
8. Private Money
TOTAL LEVERAGE
Lead Agency Certification:
Cash Received
$
$
$
$
$
Source Documentation
(check, agency written receipt, agency
independent audit, other to be specified.)
$
$
$
I hereby attest that the above sources of grant and privat~ money claimed as leverage for this Challenge Grant
application, is true and accurate, and that the lead agency has documented the receipt of the grant award(s)
and private money leveraged by their continuum of care,
Name of Lead Agency:
Name of Certifying Official:
Title/Position:
Signature of Certifying Official:
Date Signed:
77
.-----.---'
Re: Grant # HFZ09
+
\ b~\ '~j
Leverage Ratio Calculation:
=$
11000 population
Total Leverage Claimed
+ Population of Catchment Area. = Ratio
Divide the total leverage claimed by the total population of the catchment area, rounded to the nearest 1 000
population, to calculate a leverage ratio expressed in dollars and cents per every 1000 population of the
catchment area,
NOTES:
1. To be eligible to be claimed as leveraged funding lhe grant award must have been executed, or the private
money received, between the dates of July 1, 2002 and June 30, 2003,
2. If more than one grant award was received for a specific McKinney Act grant, use more than one line. reflecting
each grant award separately, specifying the McKinney Act Program for each line used.
FAILURE TO PROVIDE AN ORIGINAL SIGNED CERTIFICATION ON LEVERAGE IN THE GRANT
APPUCA TION SHAll BE CAUSE FOR THE APPUCA TION TO BE RANKED LAST BY THE REVIEW TEAM
ON THE LEVERAGE STATUTORY PREFERENCE CRITERIA.
78
Re: Grant # HFZ09
Alachua
Baker
Bay
Bradford
Brevard
Broward
Calhoun
Charlotte
Citrus
Clay
Collier
Columbia
DeSoto
Dixie
Duval
Escambia
Flagler
Franklin
Gadsden
Gilchrist
Glades
Gulf
Hamilton
Hardee
Hendry
Hernando
Highlands
Hillsborough
Holmes
Indian River
Jackson
Jefferson
Lafayette
Lake
Lee
Leon
Levy
Liberty
Madison
Manatee
Marion
Martin
Miami-Dade
Monroe
Nassau
Okaloosa
Okeechobee
Orange
Osceola
EXHIBIT 5
2000 CENSUS: POPULA rrON BY COUNTY
217,955
22,259
148,217
26,088
476,230
1,623,018
13,017
141,627
118,085
140,814
251,377
56,513
32,209
13,827
778,879
294,410
49,832
11,057
45,087
14,437
10,576
13,332
13,327
26,938
36,210
130,802
87,366
998,948
18,564
112,947
46,755
12,902
7,022
210,528
440,888
239,452
34,450
7,021
18,733
264,002
258,916
126,731
2,253,362
79,589
57,663
170,498
35,910
896,344
172,493
Palm Beach
Pasco
Pinel/as
Polk
Putnam
St. Johns
St. Lucie
Santa Rosa
Sarasota
Seminole
Sumter
Suwannee
Taylor
Union
Volusia
Wakulla
Walton
Washington
79
\b~\
1,131,184
344,765
921,482
483,924
70,423
123,135
192,695
117,743
325,957
365,196
53,345
34,844
19,256
13,442
443,343
22,863
40,601
20,973
Re: Grant # HFZ09
EXHIBIT 6-A
BUDGET FORM
\b~\
Homeless Population
Grant Activity/Use J Reauested Provider Name Location Served
1
2
3
4
5
TOTAL GRANT $
INSTRUCTIONS
Please list your grant activity or use in order of priority, The maximum grant shall be $137,500 in 2004. Only the
top eight (8) applications shall receive this level of award, All other grants will be awarded at or below $82,500,
Your order of use on this form shall be used to set the approved budget, if your award is at the lower level.
1, Grant Activity / Use
Please use the same title or description used in the narrative, Be sure to identify and list each activity to be
funded, jf more than one is proposed for funding.
2. $ Requested
List the amount of Challenge Grant requested for each activity or use separately and the total amount of the
Challenge Grant requested,
3. Provider Name
Identify the specific entity, person, or agency to carry out each activity or use of the Challenge Grant Funding.
If the lead agency will perform the activity directly, cite the name of the lead agency, If another entity will carry
out the activity under contract with the lead agency, provide the legal name of that entity.
4. Location
Provide a specific street address or other easily identifiable location description, of where each activity will be
carried out. If the activity or service is to be provided at more than one location or site, please list all locations
or sites.
5, Homeless Population Served
For each activity, identIfy the homeless population to be served, and the estimated number of homeless
persons to be served. For example, specify whether the service is for single adults, youth, f2milies, families
with children, or if special needs populations are serviced, like veterans, mentally ill, etc.
80
Re: Grant # HFZ09
EXHIBIT 6-B
EXPENDITURE SCHEDULE
\ b ~ \~
Grant Activitv/Use
J Budaeted
Estimate Draw By Quarter Ending
12/31/03 3/31/04 6/30/04
$ . $ $
$= $ $-
$- $ $-
$- $ $-
$- $ $-
$- $ $-
1,
2,
3,
4.
5,
$
$
$
$
$
$
TOTAL GRANT
NOTE:
The funding for the Challenge Grant is state general revenue, It is estimated that no more than 25 percent of the
grant budget authority will be released in each quarter of the fiscal year, It may be less than 25 percent.
Accordingly, the lead agency shall manage the expenditures to assure that funding available for grant activities is
spread across the fiscal year,
81
EXHIBIT 7
\bt\\
Re: Grant # HFZ09
4. Instructions for Continuum of Care Housing Gaps Analysis and Homeless Population Charts
Housing Gaps Analysis Chart
This required chart summarizes the infonnation from the Fundwnental Components in the CoC System _ Housing Activity Chart and
represents the Coe's judgment as to the need for additional emergency, transitional housing and pennanent supportive housing resources,
The estimated unmet need is based upon the status of the inventory at a point-in-time (one-day) and takes into account both existing beds
and funded new beds that are not yet ready for occupancy but are under development.
Include this required chart with your Continuum of Care narrative in your Exhibit 1 submission.
I. Complete the first column "Current Inventory in 2003."
Enter the number of existing beds serving the community in 2003, This inventory includes only beds currently
available for occupancy, The completion of the "Current Inventory in 2003" for emergency
shelter, transitional housing, and pennanent supportive housing beds must be carried over from the subtotals
shown under "Current Inventory" in each of the three housing component areas contained in the Fundamental
Components Housing Activity Chart.
2, Complete the second column "Under Development in 2003."
Enter the number of funded new beds not ready for occupancy but under development in 2003.
The completion of "Under Development in 2003" must be carried over from the subtotals shown under "Under
Development" in each of the three housing component areas contained in the Fundwnental Components Housing
Activity Chart.
3, Complete the third column 'Unmet Need/Gap.'
Enter the number of beds the CoC determines to be the unmet remaining need for each category, This number should represent the need for
additional beds after the current inventory and under development inventories are considered, This represents the Continuum of Care's judgment on
the need for additional beds under each category.
Homeless Population and SubpopuJations Chart
ComDletin!! Part I: Homeless PODulation. This must be completed using statistically reliable, unduplicated counts or estimates of
homeless persons in sheltered and unsheltered locations at a one-day point in time. The counts must be from: (A) administrative records.
(N) enumerations, (8) statistically reliable samples, or (E) estimates. The quality of the data presented in each box must be identified as:
(A), (N), (8) or (E).
ComDletin!! Part 2: Homeless SubDoDulations. This must be completed using statistically reliable, unduplicated counts or estimates of
homeless persons in sheltered and unsheltered locations at a one-day point in time. The numbers must be from: (A) administrative records,
(N) enumerations, (8) statistically reliable samples, or (E) estimates. The quality of the data presented in each box must be identified as:
(A), (N), (8) or (E),
Sheltered Homeless. Count adults, children and youth residing in shelters for the homeless, 'Shelters' include all emergency shelters and transitional
shelters for the homeless, including domestic violence shelters, residential programs for runawaylhomeless youth, and any hotel/motel/apartment voucher
arrangements paid by a public/private agency because the person or family is homeless. Do not count: (1) persons who are living doubled up in
conventional housing; (2) formerly homeless persons who are residing in Section 8 SRO, Shelter Plus Care, SHP permanent housing or other permanent
housing units; (3) children or youth, who because of their own or a parent's homelessness or abandonment, now reside temporarily and for a short
anticipated duration in hospitals, residential treatment facilities, emergency foster care, detention facilities and the like; and (4) adults living in mental
health facilities, chemical dependency facilities, or criminal justice facilities.
UnshelteretJ'iomeless. Count adults, children and youth sleeping in places not meant for human t, 3bitation. Places not meant for human habitation
include streets parks, alleys, parking ramps, parts of the highway system, transportation depots and o'her parts of transportation systems (e.g. subway
tunnels, ra:,:odd car). all-night commercial establishments (e,g, movie theaters, laundromats, restc<urants), abandoned buildings, building roofs or
stairwells, ci,ic .,en coops and other farm outbuildings, caves, campgrounds, vehicles, and other similar places.
Form HUD-40076-CoC (2003)
OMS Approval No. 2506-0112 (exp. 06/30/2003)
82
Re, Grant # HFZ09 1 b ~\
5. Methods used to Collect Information for the Housing Gaps Analysis and Homeless Population/Subpopulations
Charts
In order to assess the quality of the data identified by your community, please provide the following:
a. For Housing Gaps Analysis Chart identify the data source (e.g., City Shelter Survey), and the methods (e,g., mail survey) for
filling out the "Current Inventory in 2003" and "Under Development in 2003" columns. Briefly describe the basis for the
community's determination as to the amount ofunmet need for emergency shelter, transitional housing and permanent supportive
housing for the homeless.
b. Provide your community's definition ofemergency shelter and transitional housing.
c. For the Part 1 Homeless Population and Subpopulations Chart indicate the specific point-in-time date of data collection
(e.g., March 30, 2003) for both the "sheltered" and "unsheltered." This must be only a one- day/night count. Describe your
community's process and methods for collecting the data, including the reason(s) your community chose those methods. If your
community conducts an enumeration of persons at least annually or uses administrative data from outreach programs to those
living on the street, please provide a description of the lead agency/contact person and the process for data collection and
coverage in the community.
d, For the Part 2 Homeless Population and Subpopulations Chart indicate the methods for determining homeless
subpopulations in general and the chronic homeless in particular.
e. Describe your community's plans for conducting an annual update of the Fundamental Components in the CoC System
Housing Activity Chart.
f Describe your community's process for conducting regular point-in-time counts (not less than once every three years) of the
"sheltered" and "unsheltered" categories in order to complete Part I and 2 of the Homeless Population and Subpopulations Chart
and the collection methods you plan to use.
Fonn HUD-40076-CoC (2003)
OMS Approval No. 2506.{)112 (exp. 06/30/2003)
83
Re: Grant # HFZ09
\b~\
Continuum of Care: Housin Ga
Current
Inventory in
2003
Under
Development in
2003
Unmet Need!
Gap
Individuals
Example Emel1!:encv Shelter 100 40 26
Emerl!encv Shelter
Beds Transitional Housing
Pennanent Supportive Housinl! ,
Total
Emerl!encv Shelter
Beds Transitional Housinl!
Pennanent Supportive Housing
Total
Persons in Families With Children
Continuum 0 are: omeless opu atJon an u IPOPU atlOns art
Part 1 : Homeless Population Sheltered Unsheltered Total
EmerQency Transitional
Examole: 75 lA) 125 lA) 105 iN) 305
I, Homeless Individuals
2, Homeless Families with Children
2a. Persons in Homeless Families
with Children
Total (lines I + 2a)
Part 2: Homeless Subpopulations Sheltered Unsheltered Total
I. Chronicallv Homeless
2, Seriouslv Mentallv III
3, Chronic Substance Abuse
4. Veterans
5. Persons with HIV/AIDS
6. Victims of Domestic Violence
7, Youth
.-- .
fC
H
p
d S b
I
Ch
Form HUD-40076-CoC (2003)
OMS Approval No. 2506.{)112 (exp. 0613012003)
84
EXHIBIT 8
SAMPLE COUNTY HOMELESS POPULA TrON CHART
\bt\\
Re: Grant # HFZ09
Continuum of Care: Housin Ga
Current
Inventory in
2003
Under
Development in
2003
Un met Need/
Gap
Example Emerszency Shelter 100 40 26
EmerlZencv Shelter
Beds Transitional HousinlZ
Permanent Supportive Housin.e:
Total
Individuals
EmerlZenCy Shelter
Beds Transitional Housing
Permanent Supportive Housine:
Total
Persons in Families With Children
C
fC
H
p
I .
d S b
) .
Ch
ontmuum 0 are: ome ess opu atlOn an u )J)oPu atlOns art
Part 1: Homeless Population Sheltered Unsheltered Total
EmerQency Transitional
ExamDle: 7SlAl 125 lA) 105 (N) 305
I. Homeless Individuals
841 1,712 2.848 5,401
2. Homeless Families with Children
2a. Persons in Homeless Families
with Children 418 1.289 1.220 2.927
Total (Jines 1 + 2a) 1.259 3.001 4.068 8.328
Part 2: Homeless Subpopulations Sheltered Unsheltered Total
I, Chronically Homeless
2. Seriously Mentallv 1Il
3, Chronic Substance Abuse
4. Veterans
5, Persons with HIV/AIDS
6. Victims of Domestic Violence
7, Youth
85
EXHIBIT 9
OPERATIONAL DEFINITION OF HOMELESSNESS
\b~\
Re: Grant # HFZ09
In order to promote further clarification regarding who is and is not homeless, as well as consistency with the
definition used in practice by U,S, HUD, the basic definition is expanded as follows:
A person is considered homeless only when he/she resides in one of the places described below:
1. In places not meant for human habitation, such as cars, parks, sidewalks, abandoned buildings (on the
street),
2, In an emergency shelter,
3, In transitional or supportive housing for homeless persons who originally came from the streets or
emergency shelters.
4, In any of the above places, but is spending a short time (up to 30 consecutive days) in a hospital or other
institution,
5. Is being evicted within a week from a private dwelling unit and no subsequent residence has been identified
and the person lacks the resources and support networks needed to obtain housing.
6. Is being discharged within a week from an institution, such as a mental health or substance abuse
treatment facility, or a jail/prison, in which the person has been a resident for more than 30 consecutive
days and no subsequent residence has been identified and the person lacks the resources and support
networks needed to obtain housing,
7, Is fleeing a domestic violence housing situation, no subsequent residence has been identified, and the
person lacks the resources and support networks needed to obtain housing,
Examples of persons who are not homeless are those who are:
1. In housing, even though they are paying an excessive amount for their housing, the housing is substandard
and in need of repair, or the housing is crowded,
2. Incarcerated; however, upon discharge, the person is eligible if no subsequent residence has been
identified and the person lacks the resources and support networks needed to obtain housing,
3, Living with relatives or friends,
4, Living in a Board and Care, Adult Congregate Living Facility, or similar place.
5. Being discharged from an institution, which is required to provide or arrange housing upon release.
6. Wards of the State, including youth in foster care or juvenile detention facilities.
86
Re: Grant # HFZ09
EXHIBIT 10 ., '\. b t\ \
CERTIF1CA TfON OF ESTIMATED NEED PER CATCHMENT AREA POPULATION
1. From your Homeless Population and Subpopulation Chart, enter the total estimated needs, expressed in the
number of homeless persons, for both "individuals" and "persons in families with children," Total these two
figures for a total estimated homeless population.
Homeless Population
A. Individuals (line 1)
B, Persons in Families with Children
(line 2A)
TOTAL
(lines 1 & 2A)
Estimated Population (Sheltered and Unsheltered)
Persons
Persons
I Persons
2. Population of your Catchment Area. Using the data from the 2000 Census in Exhibit 5, calculate the population
of your catchment area,
County in Catchment Area
A.
8.
C,
2000 Population
TOTAL POPULATION
3, Calculate your continuum's estimated homeless population per every 1000 population, Divide the total number
of homeless persons by the total population of your catchment area, rounded to the nearest 1000 population.
Divide Total Estimated Need
equal
homeless persons by population of catchment area
homeless persons/1000 population.
to
NOTE: Round the number of persons to the nearest hundredth of a person.
4. Source of Estimated Need Data.
Homeless Pvpulation Chart on file with Office on Homelessness as of July 15, 2003.
Amended Homeless Population Chart, as attached, with supporting narrative on the methodology
used.
, Lead Agency Certification:
I hereby attest and certify that the above data is true and accurate; that the above data on estimated needs is
based upon a homeless population chart which uses data that (1) represents the housing neej for homeless
persons in the catchment area on any given night; (2) is not adjusted through the use of multipliers or other
means; (3) is derived directly from street counts, point-in-time surveys, homeless management information
systems, service provider agency records, or other similar empirical methods; (4) includes only persons who
are homeless according to the operational definition of homelessness used by HUD; and, (5) represents an
unduplicated count or estimate to the greatest extent possible; OR that the data reported is based upon an
adjusted estimate of homeless needs adopted by the continuum of care, which meets the above five data
requirements,
87
Re: Grant # HFZ09
Name of Lead Agency:
Name of Lead Agency Certifying Official:
Signature of Certifying Official:
~\
Date Signed:
FAILURE TO PROVIDE AN ORIGINAL SIGNED CERTIFICATION IN THE APPLICATION SHALL BI
CAUSE FOR THE APPLICATION TO BE RANKED LAST ON THE NEED PREFERENCE CRITERIA.
NOTE:
If this certification is based upon the use of adjusted need data, then the lead agency must attach
documentation to include an adjusted homeless population chart and written narrative clearly describing the
methodology used to meet the data standard contained in the certification, Failure to provide this material shall
cause the certification to be invalid and the application shall be ranked last on this scoring criterion,
88
EXHIBIT 11
NOTICE OF STATUTORY LIEN
\b~\
Re: Grant # HFZ09
Notice is hereby given that pursuant to Section 402.73(11) F,S., the State of Florida, Department of
Children and Families, hereby asserts and gives notice of a statutory lien in the amount of $
against the following described property:
[INSERT LEGAL DESCRIPTION AND STREET ADDRESS HERE]
The department has a financial interest in the described property equal to a pro rata portion of the state's
original investment in the then-fair-market value for renovations, or its proportionate share of the cost of the
construction as compared to the then fair market value of the property upon the completion of the renovations or
construction, which interest is in the amount of $ dollars as set out above,
The department's interest is to be proportionately reduced and subsequently vacated over a year
period of depreciation unless this lien is satisfied before that time, As a condition of receipt of state funding for this
construction or renovation the owner agrees that jf it disposes of the property before the department's Lien interest
is vacated, the provider will refund the proportionate share of the state's initial investment, as adjusted by
depreciation, Estoppel letters or other information concerning this lien may be obtained by contacting:
[insert Title of person to be contacted]
at: Department of Children and Family Services
Address
For the Department:
Date:
Prepared by: (District Legal Counsel]
89
ATTACHMENT III
FINANCIAL AND COMPLIANCE AUDIT
90
Re: Grant # HFZ09
\ b l\\
,.~
ATTACHMENT III
\bl\\
The administration of resources awarded by the Department of Children & Families to the provider may be
subject to audits as described in this attachment.
MONITORING
In addition to reviews of audits conducted in accordance with OMB Circular A-133 and Section 215.97,
F.S., as revised, the Department may monitor or conduct oversight reviews to evaluate compliance with
contract, management and programmatic requirements. Such monitoring or other oversight procedures
may include, but not be limited to, on-site visits by Department staff, limited scope audits as defined by
OMB Circular A-133, as revised, or other procedures. By entering into this agreement, the recipient agrees
to comply and cooperate with any monitoring procedures deemed appropriate by the Department. In the
event the Department detennines that a limited scope audit of the recipient is appropriate, the recipient
agrees to comply with any additional instructions provided by the Department regarding such audit. The
recipient further agrees to comply and cooperate with any inspections, reviews, investigations, or audits
deemed necessary by the Department of Financial Services or the Auditor General.
AUDITS
PART I: FEDERAL REQUIREMENTS
This part is applicable if the recipient is a State or local government or a non-profit organization as defined
in OMB Circular A-133, as revised.
In the event the recipient expends $300,000 ($500,000 for fiscal years ending after December 31, 2003) or
more in Federal awards in its fiscal year, the recipient must have a single or program-specific audit
conducted in accordance with the provisions ofOMB Circular A-133, as revised. In determining the
Federal awards expended in its fiscal year, the recipient shall consider all sources of Federal awards,
including Federal resources received from the Department of Children & Families. The detennination of
amounts of Federal awards expended should be in accordanct.. with guidelines established by OMB Circular
A- 133, as revised. An audit of the recipient conducted by the Auditor General in accordance with the
provisions ofOMB Circular A-133, as revised, will meet the requirements of this part. In connection with
the above audit requirements, the recipient shall fulfill the requirements relative to auditee responsibilities
as provided in Subpart C of OMB Circular A-133, as revised.
The schedule of expenditures should disclose the expenditcres by contract number for each contract with
the Department in effect during the audit period. The fmancial statements should disclose whether or not
the matching requirement was met for each applicable contract. All questioned costs and liabilities due the
Department shall be fully disclosed in the audit report package with reference to the specific contract
number.
Grant Page 91
Grant #HFZ09
\b~\.
PART II: STATE REQUIREMENTS
This part is applicable if the recipient is a nonstate entity as defmed by Section 215.97(2)(1), Florida.
Statutes,
In the event the recipient expends a total amount of state fmancia] assistance equal to or in excess of
$300,000 in any fiscal year of such recipient, the recipient must have a State single or project-specific audit
for such fiscal year in accordance with Section 215.97, F]orida Statutes; applicable rules of the Executive
Office of the Governor, the Department of Finan cia] Services and Chapters ]0,550 (Ioca] governmental
entities) or 10.650 (nonprofit and for-profit organizations), Ru]es of the Auditor General. In determining
the state financial assistance expended in its fiscal year, the recipient shall consider all sources of state
financial assistance, including state financial assistance received from the Department of Children &
Families, other state agencies, and other nonstate entities. State fmancia] assistance does not include
Federa] direct or pass-through awards and resources received by a nonstate entity for Federa] program
matching requirements.
In connection with the audit requireinents addressed in the preceding paragraph, the recipient shall ensure
that the audit complies with the requirements of Section 215.97(7), F]orida Statutes. This includes
submission ofa financial reporting package as defined by Section 215.97(2)(d), Florida Statutes, and
Chapters ]0.550 or ]0,650, Ru]es of the Auditor General.
The schedule of expenditures should disclose the expenditures by contract number for each contract with
the Department in effect during the audit period. The fmancial statements should disclose whether or not
the matching requirement was met for each applicable contract. All questioned costs and liabilities due the
Department shall be fully disclosed in the audit report package with reference to the specific contract
number.
PART III: REPORT SUBMISSION
Any reports, management letters, or other information required to be submitted to the Department pursuant
to this agreement shall be submitted within ]80 days after the end of the provider's fiscal year or within 30
days of the recipient's receipt of the audit report, whichever occurs first, directly to each of the following
unless otherwise required by Florida Statutes:
A. Contract manager for this contract (2 copies)
B. Department of Children & Families
ASFMI
Building 2, Room 30]
13 ] 7 Winewood Boulevard
Tallahassee, FL 32399-0700
C. Copies of the reporting packages for audits conducted in accordance with OMB Circular A-]33, as
revised, and required by Part I of this agreement shall be submitted, when required by Section .320(d),
OMB Circular A-B3, as revised, by or on behalf of the recipient directly to the Federa] Audit
Clearinghouse designated in OMB Circular A-B3, as revised (the number of copies required by
Sections .320(d)(l) and (2), OMB Circular A-B3, as revised, should be submitted to the Federal
Auditing Clearinghouse), at the following address:
Grant Page 92
Grant #HFZ09
Federal Audit Clearinghouse
Bureau of the Census
1201 East IOlh Street
JeffersonvilJe, IN 47132
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and other Federal agencies and pass-through entities in accordance with Sections .320(e) and (t),
OMB Circular A-133, as revised.
D. Copies of reporting packages required by Part II of this agreement shall be submitted by or on behalf
of the recipient directly to the folJowing address:
Auditor General's Office
Room 40 I, Pepper Building
III West Madison Street
Tallahassee, Florida 32399-1450
Providers, when submitting audit report packages to the Department for audits done in accordance with
OMB Circular A-133 or Chapters 10.550 (local governmental entities) or 10.650 (nonprofit or for-profit
organizations), Rules of the Auditor General, should include, when available, correspondence from the
auditor indicating the date the audit report package was delivered to them. When such correspondence is
not available, the date that the audit report package was delivered by the auditor to the provider must be
indicated in correspondence submitted to the Department in accordance with Chapter 10.558(3) or Chapter
10.657(2) Rules of the Auditor General.
PART IV: RECORD RETENTION
The recipient shalJ retain sufficient records demonstrating its compliance with the terms of this agreement
for a period of six years from the date the audit report is issued and shall allow the Department or its
designee, the Department of Financial Services, or the Auditor General access to such records upon
request. The recipient shall ensure that audit working papers are made available to the Department or its
designee, the Department of Financial Services, or the Auditor General upon request for a period of three
years from the date the audit report is issued, unless extended in writing by the Department.
Grant Page 93
Grant #HFZ09
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A IT ACI-Th1ENT IV
MONTHLY STATUS REPORT
94
Grant # HFZ09
A IT ACHMENT IV
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2004 CHALLENGE GRANTI Grant # HFZ09
MONTHLY REPORT
LEAD AGENCY: Collier County Board of County Commissioners
REPORT PERIOD:
1. Financial
Provide a line item review of the grant funds received and disbursed to sub-grantees for each activity or
use contained in your Challenge Grant applications.
TOTAL GRANT AWARD: $82.500.00
TOTAL GRANT RECEIVED:
TOTAL GRANT DISBURSED TO DATE:
Challenge Grant Activity/Use
Original
Budaeted
Grant $
Received
Expended
(to date)
Balance
Due
1.
2.
3.
2. Progress on Completion of the Grant Activity(s)
For each funded activity, provide a concise written narrative that compares work accomplished to date
versus planned timeframes for completion of the activity as outlined in your application.
Provide detailed explanations for any delays in carrying out a grant activity, its cause, and steps being
taken to assure completion of the activity or use by June 30, 2004,
Should any activity be identified as facing the likelihood of NOT BEING ABLE TO BE COMPLETED BY
JUNE 30, report on the activity, the cause, and corrective actions (amendment to rerluce grant award,
return of funds, ider.tification of other uses that could be completed by June 30, etc.).
3. Performance Measures
The Lead Agency shall provide a thorough evaluation of the effectiveness of the Challellge Grant in
achieving the stated purpose set forth by the Lead Agency in its application for funding, The Lead
Agency shall document progress toward achieving the performance measures outlined in their
application,
In addition, the Lead Agency shall document and report on the number of homeless persons/families
served by each funded activity.
95
Grant #HFZ09
A IT ACHMENT IV
\b~ \.
Activity Type of Number of Number of Homeless Describe Homeless Population
Service Homeless Served Served Contract served (Adults, Families, Children,
Provided for the Month Period to Date Youth, Veterans, etc.)
.
Activity Number of Housing Status of Person Served*
Homeless Emerg. Trans. Street My Discharged Friend Motel Not able Other
Served Shelter Housing Own from or to
Year-to-Date Home Jail/Hospital Relative's Determine
Treatment Home
Facility
Enter Aggre9al~ Totals Only. NO individual client level data shall be reported
*Housing status of the person served at the time they accessed or first received services funded under the
2004 Challenge Grant.
Provide a copy of this report to both your DCF Contract Manager and to the Office on Homelessness,
CERTIFICATION OF ACCURACY
LEAD AGENCY CONTACT:
Type Name
Signature
Date:
96
Grant #HFZ09
~
A {~~\.
"\
ATTACIDvfENT V
REQUEST FOR RELEASE OF FUNDS SCHEDULE
97
Grant # HFZ09
10/15/03
CHALLENGE GRANT
Attachment V
Request for Release of Funds Schedule
In accordance with the terms and conditions of the Challenge Grant Agreement the Grantee has
been awarded the amount of $82.500.00, and the Department shall release these funds in
accordance with the following schedule, subject to the availability of funds:
DATE
AMOUNT
March 30, 2004
$27,500.00
$27,500.00
$27,500.00
April 30, 2004
May 28, 2004
.,
For each payment request the Grantee shall prepare and submit a request for release of funds on
the Grantee's stationary.
98
Grant #HFZ09
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Memorandum
From:
Maureen Kenyon, Supervisor
Clerk of Courts - Minutes and Records
Susan Alden, HUD Grant AnalystY
June 1, 2004
To:
Date:
Subject:
Re:
Subrecipient Agreement
State of Florida Homeless Assistance Challenge Grant 2003-2004 - Collier County
Hunger and Homeless Coalition
Attached please find the original subrecipient agreement between Collier County and the Collier
County Hunger and Homeless Coalition, Inc. for State of Florida Homeless Assistance Challenge
Grant funding in the amount of $ 82,500 toward Homeless Management Information System (HMIS)
associated costs, as approved by the BCC on February 10, 2004 (Item 16At).
Please call me at 403-2339 if you have any questions.
Thank you.
Cc: Kelly Jones, Senior Accountant - Clerk's Finance
Marlene Foord, Grant Coordinator - Administrative Services Division
Scott Johnson, Purchasing Agent - Purchasing
File
Department of Financial Administration and Housing
Community Development and Environmental Services Division
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AGREEMENT BETWEEN COLLIER COUNTY
FINANCIAL ADMINISTRATION & HOUSING
AND
THE COLLIER COUNTY HUNGER & HOMELESS COALITION, INC
State of Florida Homeless Assistance Challenge Grant
THIS AGREEMENT, is entered into this 2 &' day of M A- f 20Q!j, by and between Collier County Financial
Administration and Housing (CCF AH), and the Collier County Hunger & Homeless Coalition (CCHHC), a private
not-for-profit corporation existing under the laws of the State of Florida, hereinafter referred to as "SUBRECIPIENT."
WHEREAS, CCF AH has made application to the State of Florida Office on Homelessness, effective
January IS, 2004, and entered into an agreement with the State of Florida Department of Children and Families on
behalf of the State Office on Homelessness, hereinafter referred to as "DCF", to act on it's behalf in the oversight and
administration of the State Challenge Grant.
WHEREAS, pursuant to the aforesaid application CCHHC is undertaking certain activities to primarily benefit
persons residing in Collier County who are homeless or at-risk ofhomelessness.
WHEREAS, CCF AH believes it to be in the public interest to provide certain activities to Collier County residents
through the SUBRECIPIENT according to this agreement, the SUBRECIPIENT'S intent as stated in the proposal and
attached exhibits and all other terms and conditions as specified,
WHEREAS, CCF AH, in accordance with the State Challenge Grant (SCG) terms, and CCHHC desire to provide the
activities specified in the SCG application with the following exceptions:
. On or before March 29, 2004, the Subgrantee will provide the CCFAH with a detailed line item budget and
budget narrative indicating how the grant funds will be expended
. On or before March 29, 2004, the Subrecipient will provide the CCF AH with a time line indicating the hiring
date of the system administrator and purchasing of system soft and hardware~ and
WHEREAS, the CCFAH further agrees that it will use due diligence in supervising the SUBRECIPIENT to assure
that funds are expended for the purposes intended and that a full accounting for these grants is made.
ro11iPT r01mtv HlmOPT ~ Homplp~~ rmllition
P~OP 1 of 1 ?
'6
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NOW, THEREFORE, in consideration of the mutual promises and covenants herein contained, it is agreed as
follows:
ARTICLE ONE:
DEFINITION AND PURPOSE
A. DEFINITIONS
(1) "CCF AH" means Collier County Financial Administration & Housing and where applicable, its
authorized representative( s),
(2) "CCFAH Approval" means the written approval of the CCFAH Division Administrator or designee.
(3) "CCHHC" means Collier County Hunger & Homeless Coalition, and where applicable, its authorized
representative( s).
(4) "DCF" means the State of Florida Department of Children and Families as the agent for the State
Office on Homelessness.
(5) "SCG" means the State Challenge Grant.
(6) "SUBRECIPIENT" means Collier County Hunger and Homeless Coalition.
(7) "Project" means the work contemplated to be performed as set forth in Exhibit "A".
B. PURPOSE
The purpose of this Agreement is to state the covenants and conditions under which the SUBRECIPIENT will
implement the Scope of Services set forth in ARTICLE Two of this Agreement. One hundred percent (100%)
of the beneficiaries of a project funded under this Agreement must be persons who are homeless or at-risk of
homelessness.
ARTICLE TWO:
SCOPE OF SERVICES
The SUB RECIPIENT, in a manner satisfactory to the CCF AH, shall carry out or cause to be carried out all services
described or referred to in Exhibit "A," and shall submit each request for reimbursement using the cover sheet in
Exhibit "B," which are attached hereto and made a part hereof. Such services shall be performed, except as otherwise
specifically stated herein, by persons or instrumentalities solely under the dominion and control of the
SUBRECIPIENT.
ARTICLE THREE: TIME OF PERFORMANCE
The timely performance and completion of the required Scope of Service is vitally important to the interest of DCF.
The CCF AH shall pay invoices directly with SUBRECIPIENT approval or reimbursement to the SUBRECIPIENT for
the services described in ARTICLE Two and performed by the SUBRECIPIENT starting on the date of execution of
this contract and continuing until the deadline for completion of the Scope of Services on June 30, 2004. All such
services shall be performed by the SUBRECIPIENT in accordance with the applicable DCF requirements and with all
requirements of this Agreement, and payment will be contingent thereupon, The SUBRECIPIENT shall complete all
services described in Exhibit A, on or before the deadline date. No exceptions or extensions shall be granted.
Collier County Hunger & Homeless Coalition
Page 2 of 12
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ARTICLE FOUR:
CONSIDERA TION AND LIMIT A TION OF COSTS
A. The SUBRECIPIENT shall be paid by the CCF AH for allowable costs as specified in the grant contract with
DCF, in an amount not to exceed $82.500.00 (EIGHTY TWO THOUSAND FIVE HUNDRED
DOLLARS) for the services described in Exhibit "A". In an event the project costs exceed the stated amount,
the SUBRECIPIENT shall be responsible for the excess.
B. All improvements specified in Exhibit "A" shall be performed by SUBRECIPIENT employees, or shall be put
out to competitive bidding under a procedure acceptable to the CCF AH and state requirements. The
SUBRECIPIENT shall enter into contract for improvements with the lowest responsive and responsible
bidder. Contract administration shall be handled by the SUB RECIPIENT and monitored by the CCF AH,
which shall have access to all records and documents related to the project.
ARTICLE FIVE:
PAYMENTS
A. Invoices that have been approved by the SUBRECIPIENT shall be paid directly by the CCF AH or, the
CCFAH shall reimburse the SUBRECIPIENT. In both cases, payment will be limited to items in Exhibit A.
B. The SUBRECIPIENT shall submit payment requests to CCF AH using the cover sheet in Exhibit "B," which is
attached hereto and made a part hereof. These requests will only be approved if:
1. The contractor's/vendor's requests for payment has been reviewed and approved by the
SUBRECIPIENT as stated on the Certificate of Payment and the attached original invoice. In no event
shall the CCFAH provide advance funding to the SUBRECIPIENT or any other subcontractors
/vendors hereunder.
2. This Agreement includes reimbursement for system administration expenses.
3. For purposes of this section, originals of invoices, receipts, or other evidence of indebtedness shall be
considered proper documentation. When original documents cannot be presented, the
SUBRECIPIENT must adequately justify their absence, in writing, and furnish copies,
4. Upon receipt of the above enumerated documentation, and approval by the CCHHC Chair or designee,
payment shall be made by the CCF AH.
C. All disbursements by the SUBRECIPIENT must be fully documented to the CCF AH so as to be available, on
request, for inspection or audit in accordance with the provisions of ARTICLE Nine herein below.
D. The SUBRECIPIENT shall render a final and complete statement to the CCFAH of all costs and charges for
services not previously invoiced. The CCF AH shall not be responsible for payments of any charges, claims or
demands of the SUB RECIPIENT received after June 30, 2004,
ARTICLE SIX:
COMPLIANCE WITH LOCAL AND STATE RULES, REGULATIONS AND LAWS
During the performance of this Agreement, the SUBRECIPIENT agrees to comply with any applicable laws, rules,
regulations and orders that may be applicable to SCG activities. In accordance with sections 1 1.062 and 216.324, F,S.,
no funds provided by this grant may be expended for the purpose of lobbying the Legislature, the judicial branch or a
state agency. The SUBRECIPIENT shall permit DCF or CCFAH personnel or representatives to monitor the services,
which are the subject of this State Challenge Grant.
Collier County Hunger & Homeless Coalition
Page 3 of 12
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ARTICLE SEVEN: PROJECT PUBLICITY
Any news release or other type of publicity pertaining to the project as stated herein must recognize the CCF AH as the
recipient funded by the State of Florida Office on Homelessness through the Department of Children and Families as
the entity that provided funds for the project.
ARTICLE EIGHT: MANAGEMENT ASSISTANCE
CCF AH Coordinator will be available to the SUBRECIPIENT to provide guidance on SCG requirements.
ARTICLE NINE:
MAINTENANCE OF RECORDS
The SUBRECIPIENT shall maintain the following records.
A. The SUBRECIPIENT shall maintain such records, accounts, property records, and personnel records,
as are deemed necessary by the CCF AH to assure proper accounting of project funds and compliance
with the provisions of this Agreement.
The SUBRECIPIENT shall maintain all necessary financial records as required by DCF Regulations
and shall maintain the following financial records:
I. An invoice and a copy of a warranty for all items purchased and paid for under standard
SUBRECIPIENT procedures.
2. The current, prevailing Agreement, all project contracts and corresponding billings and copies
of warranties,
3. The CCF AH will require audit and record keeping requirements. All records shall be 10
sufficient detail to permit proper pre audit and post audit of all expenditures.
B. SUBRECIPIENT shall maintain records showing contractor compliance with the Contract Work
Hours and Work Safety Law. Similarly, the SUBRECIPIENT shall maintain records showing
compliance with state purchasing requirements and with other state requirements for grant
implementation.
C. The SUBRECIPIENT shall maintain project records and financial information so that the State could
conduct an audit of SCG activities and funds, All audits covering the use of SCG funds shall be
provided to the CCF AH Coordinator. Reimbursement will be contingent upon the timely receipt of
complete and accurate reports required by this Agreement and on the resolution of monitoring or audit
findings identified pursuant to this Agreement.
D. All records and contracts of whatever nature required by this Agreement shall be available for audit,
inspection or copying at any time during normal business hours and as often as the CCF AH
Coordinator or DCF, may deem necessary. CCF AH shall have the right to obtain and inspect any
audit pertaining to the performance of this Agreement made by any local, state or federal agency. The
SUB RECIPIENT shall retain all of its records and supporting documentation applicable to the
Agreement for a period of not less than six (6) years after the starting date of this SCG Agreement or,
if audit findings have not been resolved at the end of the six (6) year period, the records shall be
retained until resolution of the audit findings. State auditors and any person duly authorized by DCF
or CCFAH shall have the right to examine any of the said materials at any time during regular
business hours.
Collier County Hunger & Homeless Coalition
Page 4 of 12
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ARTICLE TEN:
MONTHLY REPORTS AND EVALUATION
The SUBRECIPIENT agrees to provide the CCFAH with monthly status reports no later than the loth of every month
as shown in Exhibit C beginning the month of contract execution and final report summarizing progress, timetables,
and financial information for monitoring and evaluating all aspects of project activities.
ARTICLE ELEVEN:
CONTRACT LIABILITY
The CCF AH shall not be responsible to any person, firm, or corporation (except the SUBRECIPIENT) for assignment
of any aspects including providing goods or services to the SUBRECIPIENT in connection with the services it has
agreed to perform hereunder, or for debts or claims accruing to such parties against the SUBRECIPIENT; and there is
no contractual relationship, either express or implied, between CCF AH and any other person, firm, or corporation
supplying any work, labor, services, goods or materials to the SUBRECIPIENT as a result of its services to CCF AH
hereunder.
ARTICLE TWELVE: CONTRACTS
All contracts made by the SUBRECIPIENT to carry out the activities described in Exhibit "A" shall be made in
accordance with all applicable laws, rules and regulations stipulated in this Agreement. Any work or services
contracted hereunder shall be specified by written contract or Agreement and shall be subject to each Article set forth
in this Agreement.
ARTICLE THIRTEEN:
CONFLICT OF INTEREST
No employee, agent, consultant, officer or elected official or appointed official of the SUBRECIPIENT who exercises
or have exercised any function or responsibility with respect to SCG activities assisted under or who are in the position
to participate in a decision making process or gain inside information with regard to such activities, may obtain a
financial interest or benefit from a SCG assisted activity, or have a financial interest in any contract, subcontract or
agreement with respect to an SCG assisted activity or with respect to the proceed of the SCG assisted activity, either
for themselves or those with whom they have family or business ties, during their tenure or for one year thereafter.
ARTICLE FOURTEEN:
INDEMNIFICATION
The SUB RECIPIENT and his Contractor shall pay on behalf of or indemnify and hold harmless the CCFAH, its
officers, employees, agents, and volunteers from and against any and all claims, actions, damages, fees, fines,
penalties, defense costs, suits or liabilities which may arise out of any act, neglect, omission or default of the
SUBRECIPIENT or Contractor arising out of or in any way connected with the SUBRECIPIENT'S or Contractor's (or
officers, employees, agents, volunteers and subcontractors, if any) performance or failure to perform under the terms of
this Contract. For Construction activities the following applies: In conformance with Section 725.06 F]orida Statutes,
the specific consideration given for the promises the Contractor sets forth in this Article is one dollar ($1.00) in hand
paid by the CCHHC to the Contractor, receipt thereof is here by acknowledged and the adequacy of which the
Contractor accepts as completely fulfilling the obligations of the CCHHC under the requirements of Section 725.06
Florida Statutes. This section of the contract will extend beyond the term of the contract.
SUB RECIPIENT, at its sole expense, shall keep the improvements to the real property, which is the subject matter of
this Agreement, including any expansion or renovation, insured against loss or damage by fire and extended coverage
hazards. Insurance shall be provided in an amount equal to one hundred percent (100%) of the full replacement value
of the improvements with a loss payable clause in favor of CCHHC, DCF and SUBRECIPIENT, as their interests may
appear. Should a sum of money become payable by virtue of any loss under such insurance, then the funds shall be
applied to the repair or reconstruction of the existing improvements which have been damaged, unless the parties
hereto mutually agree to another or different application of insurance proceeds realized.
Collier County Hunger & Homeless Coalition
Page 5 of 12
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ARTICLE FIFTEEN:
INSURANCE
The SUBRECIPIENT shall procure and maintain adequate insurance coverage, as determined by its insurance agent
through a site visit and by providing a copy of SCG grant application and the scope of the project in Exhibit A. The
insurance agent is to assess the risks and provide a report to the SUBRECIPIENT and CCF AH as to the need for
additional insurance to cover risks associated with the project and to state whether or not they are adequately insured
within ten (10) days of signing of this agreement. The SUBRECIPIENT at its expense, must purchase additional
coverage if it is so determined upon presentation of the report through the completion of the project.
ARTICLE SIXTEEN:
WAIVER
The SUBRECIPIENT will not waive any of the duties and obligations under the contract without the express written
consent of the CCFAH.
ARTICLE SEVENTEEN:
SALES TAX INDEMNIFICATION
The State of Florida requires payment of sales tax on the transfer of tangible personal property. The CCFAH will
provide a resale certificate to be completed by the SUBRECIPIENT whereby SUBRECIPIENT represents and
warrants that it has filed for and received an exemption from Florida Department of State for sales taxes. The
SUBRECIPIENT further agrees to indemnify and hold harmless the CCF AH from any and all taxes, penalties, interest
and professional fees assoc iated with the collection of any sales tax under the SCG.
ARTICLE EIGHTEEN:
NON-ASSIGNABILITY
The SUBRECIPIENT may not assign this Agreement without the prior written consent of the CCFAH and DCF.
ARTICLE NINETEEEN:
HEADINGS
All articles and descriptive headings of paragraphs in this Agreement are inserted for convenience only and shall not
affect the construction or interpretation hereof.
ENTIRE UNDERSTANDING This Agreement and its provisions merge any prior agreements, if any,
between the parties hereto and constitutes the entire understanding. The parties hereby acknowledge that
there have been and are no representations, warranties, covenants, or undertakings other than those expressly
set forth herein.
WITNESS our Hands and Seals on this
/$r
day orjlHA'<-, 20~
BY:
~$~
Petra ones, halrman
Collier County Hunger & Homeless Coalition
~
DATE:
(,- / - 0 yr
Collier County Hunger & Homeless Coalition
Page 6 of 12
(SUBRECIPIENT SEAL)
Approved as to form and
gal su :~
Patrick G. White
Assistant County Attorney
BY:
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Attorney for SUBRECIPIENT
(Signature Optional)
Joseph K, Schmitt, Administrator
Collier County Community Development
& Environmental Services
5'''' ~3 "'i:>'f
DATE:
ATTEST:
Item# ~
Agenda J -I 0 -0 f
Date
Date ~-l -ci
Rec'd
Collier County Hunger & Homeless Coalition
Page 7 of 12
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EXHIBIT "A"
SCOPE OF SERVICES
I. THE SUB RECIPIENT AGREES TO:
A. PROFESSIONAL SERVICES:
The procurement process of the consultant shall also incorporate any sub-consultants, which shall be funded as
reimbursable under the consultant's contract for services. Reimbursement for sub-consultants shall be at cost.
Such sub-consultants may include surveyors, testing services, or others as deemed necessary for the nature of
the project.
B. PROJECT SCOPE:
The purpose of this project is to provide initial funding toward the purchase of a Homeless Management
Information System (HMIS) to benefit the homeless and at-risk of homelessness population in Collier County;
to provide participating agencies improved data collection methods; and to fulfill the HUD requirement to
implement an HMIS system by 2004 in order to continue to be eligible to receive HUD Continuum of Care
funding.
The SUBRECIPIENT further agrees that CCFAH, in consultation with any parties CCFAH deems necessary,
shall be the final arbiter on the SUBRECIPIENT's compliance with the above.
c.
BUDGET:
Line Item:
SCG Funds
Purchase of software, training,
and fees for the HMIS system
$57,500
Personnel Salary/Expenses
$20,400
$4,600
System Administrator/Personnel/Job
Related Expenses
Total
$82,500
Any indirect costs charged must be consistent with the conditions of this Agreement. If indirect costs are
charged, the SUBRECIPIENT, as Subrecipient, will develop an indirect cost allocation plan for determining
the appropriate SUBRECIPIENT'S share of administrative costs and shall submit such plan to CCFAH, on
behalf of the COUNTY, as the Grantee, for CCFAH approval, in a form specified by CCFAH.
D. STAFFING: Provide list of staff and time commitments to be allocated to each activity specified in B
(Project Scope) and C (Budget) above, if applicable.
Collier County Hunger & Homeless Coalition
Page 8 of 12
16
Al
E. FORMER PROJECTS: Failure to adequately maintain any former State of Florida funded projects may result
in the delay of processing reimbursement requests for ongoing activities or in the forfeiture of future State of
Florida Challenge Grant funds.
F. WORK SCHEDULE: The time frame for completion of the outlined activities shall be:
Software Purchase
Personnel - Salary expense
Personnel - Job related expense All to be completed by
State Challenge Grant funds expected to be expended June 30, 2004
K. REPORTS: The SUBRECIPIENT shall submit detailed monthly progress reports to the CCF AH coordinator
outlining the status of specific activities under the project. Each report must account for the total activity for
which the SUBRECIPIENT is reimbursed with State Challenge Grant funds, in part or in whole, and which is
required in fulfillment of their obligations regarding the Project. The progress reports should be mainly in the
form of a narrative. The progress reports shall be used as an additional basis for CCF AH approval of invoices,
etc. for reimbursement.
Collier County Hunger & Homeless Coalition
Page 9 of 12
16
Al
EXHIBIT "B"
2004 COLLIER COUNTY HUNGER AND HOMELESS COALITION
STATE OF FLORIDA HOMELESS ASSISTANCE CHALLENGE GRANT
REQUEST FOR PAYMENT
SECTION I: REQUEST FOR PAYMENT
Subrecipient Name: Collier County Hunger & Homeless Coalition
Subrecipient Address: P.O. Box 9202, Naples, FL 34101-9202
Project Name: Information Network for the Community of Collier County
Project No:
Payment Request#
Dollar Amount Requested: $
SECTION II: STATUS OF FUNDS
1. Grant Amount Awarded
$
2. Sum of Past Claims Paid on this Account
$
82,500
o
3. Total Grant Amount Awarded Less Sum
Of Past Claims Paid on this Account
4. Amount of Previous Unpaid Requests
$
82,500
$
o
5. Amount of To day's Request
$
6. Current Grant Balance (Initial Grant Amount A warded
Less Sum of all requests)
7. If applicable amount held as retainage to date
by the County, ifnot retained by the sub-recipient
$
82,500
$
o
I certify that this request for payment has been drawn in accordance with the terms and conditions of the
Agreement between the County and us as the Sub-recipient. I also certify that the amount of the Request for
Payment is not in excess of current needs.
Signature
Date
Title
Authorizing Grant Coordinator
Supervisor
Dept Director
Collier County Hunger & Homeless Coalition
Page 10 of 12
16 Al
EXHIBIT "C"
2004 COLLIER COUNTY HUNGER AND HOMELESS COALITION
STATE OF FLORIDA HOMELESS ASSISTANCE CHALLENGE GRANT
MONTHLY PROGRESS REPORT
Completeformfor past month and submit to FAH staff by the J(jh ofthefollowing month.
Status Report for Month of
Submittal Date:
Project Name
Project Number
Activity Number
Subrecipient:
Contact Person
Telephone:
Fax:
E-mail:
Performance Measures
1. Activity Status/Milestones (describe any action taken, relating to this project, during the past month):
2. What events/actions are scheduled for the next two months?
3. Describe any affirmative marketing you have implemented regarding this project. Please list
and attach any recent media coverage of your organization relating to this project.
4. List any additional data relevant to the outcome measures listed on the application for this
project.
Collier County Hunger & Homeless Coalition
Page 11 of 12
16
Al
Progress on Completion of the Grant Activity(s)
For each funded activity, provide a concise written narrative that compares work accomplished to date
versus planned timeframes for completion of the activity as outlined in your application.
Provide detailed explanations for any delays in carrying out a grant activity, its cause, and steps being
taken to assure completion of the activity or use by June 30, 2004.
Should any activity be identified as facing the likelihood of NOT BEING COMPLETED BY JUNE
30, report on the activity, the cause, and corrective actions (amendment to reduce grant award, return of
funds, identification of other uses that could be completed by June 30, etc.).
Collier County Hunger & Homeless Coalition
Page 12 of 12
MEMORANDUM
Date:
February 11, 2004
To:
John Houldsworth, Senior Engineer
Planning Services
From:
Linda Houtzer, Deputy Clerk
Minutes & Records Department
Re:
Resolution 2004-37
Enclosed please find one copy of the document as referenced
above (Agenda Item #16A3), approved by the Board of County
Commissioners on Tuesday, February 10, 2004.
The original agreement is being retained for the record.
If you should have any questions, please contact me at:
774-8411
Thank you.
Enclosure
16A3
RESOLUTION NO. 04- 37
1 t ,f:)
,. I m:~
:J i.1
RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY,
FLORIDA TO AUTHORIZE FINAL ACCEPTANCE
OF THOSE ROADWAY, DRAINAGE, AND WATER
AND SEWER IMPROVEMENTS IN INDIGO
LAKES UNIT TWO, RELEASE OF THE
MAINTENANCE SECURITY, AND ACCEPT THE
MAINTENANCE RESPONSIBILITY FOR THE
ROADWAY, DRAINAGE, AND WATER AND
SEWER IMPROVEMENTS THAT ARE NOT
REQUIRED TO BE MAINTAINED BY THE
HOMEOWNERS ASSOCIATION.
WHEREAS, the Board of County Commissioners of Collier County, Florida, on
May 2, 2000 approved the plat of Indigo Lakes Unit Two for recording; and
WHEREAS, the Developer has constructed and maintained the roadway,
drainage, and water and sewer improvements in accordance with the approved plans and
specifications and as required by the Land Development Code (Collier County Ordinance
No. 91-102, as amended), and the Utilities Standards and Procedures Ordinance (Collier
County Ordinance No. 01-57); and
WHEREAS, the Developer is requesting final acceptance of the roadway,
drainage, and water and sewer improvements and release of his maintenance security; and
WHEREAS, the Engineering Review Department of Community Development
Services has inspected the roadway, drainage, and water and sewer improvements, and is
recommending acceptance of said facilities.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that final acceptance is hereby
granted for those roadway, drainage, and water and sewer improvements in Indigo Lakes
Unit Two, and authorize the Clerk to release the maintenance security.
BE IT FURTHER RESOLVED AND ORDERED that the County accept the
future maintenance and other attendant costs for roadway, drainage, and water and sewer
improvements that are not required to be maintained by the Indigo Lakes homeowners
association.
This Resolution adopted after motion, second and majority vote favoring same,
this day of , 2004.
DATE:
ATTEST:
'I t \ ~ I I , , , , ,
DWI~B:~C~, CLERK
...' /...:....\~...."l....... .fk:~_... "
4i>>'.':~f:lI:.'.~~)' j).6
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ft': ..), ". .,' ~,(.... "
su llClOOQ:. " y.:~;;.: f'~'~.j~ ,,'
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.;\ll,t
By:
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
~~dA
DO A FIALA, CHAIRMAN
Item # ..lkA 3
~g~~da .:J. I 16 104
Oat", ~.__ 'J._-
nty Attorney
Dale c!R { 11'6 t.f
Rec'd ~-
1=r~~
16A4
MEMORANDUM
Date:
February 11 , 2004
To:
John Houldsworth, Senior Engineer
Planning Services
From:
Linda Houtzer, Deputy Clerk
Minutes & Records Department
Re:
Resolution 2004-38
Enclosed please find one copy of the document as referenced
above (Agenda Item #16A4), approved by the Board of County
Commissioners on Tuesday, February 10, 2004.
The original agreement is being retained for the record.
If you should have any questions, please contact me at:
774-8411
Thank you.
Enclosure
RESOLUTION NO. 0438
16A4
-,
, 1
.,
,
RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY,
FLORIDA TO AUTHORIZE FINAL ACCEPTANCE
OF THOSE ROADWAY, DRAINAGE, AND WATER
AND SEWER IMPROVEMENTS IN INDIGO
LAKES UNIT FOUR, RELEASE OF THE
MAINTENANCE SECURITY, AND ACCEPT THE
MAINTENANCE RESPONSIBILITY FOR THE
ROADWAY, DRAINAGE, AND WATER AND
SEWER IMPROVEMENTS THAT ARE NOT
REQUIRED TO BE MAINT AINED BY THE
HOMEOWNERS ASSOCIATION.
WHEREAS, the Board of County Commissioners of Collier County, Florida, on
December 12,2000 approved the plat of Indigo Lakes Unit Four for recording; and
WHEREAS, the Developer has constructed and maintained the roadway,
drainage, and water and sewer improvements in accordance with the approved plans and
specifications and as required by the Land Development Code (Collier County Ordinance
No. 91-102, as amended), and the Utilities Standards and Procedures Ordinance (Collier
County Ordinance No. 01-57); and
WHEREAS, the Developer is requesting final acceptance of the roadway,
drainage, and water and sewer improvements and release of his maintenance security; and
WHEREAS, the Engineering Review Department of Community Development
Services has inspected the roadway, drainage, and water and sewer improvements, and is
recommending acceptance of said facilities.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that final acceptance is hereby
granted for those roadway, drainage, and water and sewer improvements in Indigo Lakes
Unit Four, and authorize the Clerk to release the maintenance security.
BE IT FURTHER RESOLVED AND ORDERED that the County accept the
future maintenance and other attendant costs for roadway, drainage, and water and sewer
improvements that are not required to be maintained by the Indigo Lakes homeowners
association.
This Resolution adopted after motion, second and majority vote favoring same,
this day of , 2004.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
ff~, d f'Jc
DON A FIALA, CHAIRMA
By:
Ilem#
ltoll 4
,Agenda ;{ ./0 - 0 'I
Dale
Dale f}. -/1 .0 4
Rec'd
16A5
MEMORANDUM
Date:
February 11 , 2004
To:
John Houldsworth, Senior Engineer
Planning Services
From:
Linda Houtzer, Deputy Clerk
Minutes & Records Department
Re:
Resolution 2004-39
Enclosed please find one copy of the document as referenced
above (Agenda Item #16A5), approved by the Board of County
Commissioners on Tuesday, February 10, 2004.
The original agreement is being retained for the record.
If you should have any questions, please contact me at:
774-8411
Thank you.
Enclosure
RESOLUTION NO. 04- 39
1
:r~: ~.. ',_
^', :~
i
RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY,
FLORIDA TO AUTHORIZE FINAL ACCEPTANCE
OF THOSE ROADWAY, DRAINAGE, AND WATER
AND SEWER IMPROVEMENTS IN NAPLES
LAKES COUNTRY CLUB UNIT TWO, RELEASE
OF THE MAINTENANCE SECURITY, AND
ACCEPT THE MAINTENANCE RESPONSffiILITY
FOR THE ROADWAY, DRAINAGE, AND WATER
AND SEWER IMPROVEMENTS THAT ARE NOT
REQUIRED TO BE MAINTAINED BY THE
HOMEOWNERS ASSOCIATION.
WHEREAS, the Board of County Commissioners of Collier County, Florida, on
June 27, 2000 approved the plat of Naples Lakes Country Club Unit Two for recording;
and
WHEREAS, the Developer has constructed and maintained the roadway,
drainage, and water and sewer improvements in accordance with the approved plans and
specifications and as required by the Land Development Code (Collier County Ordinance
No. 91-102, as amended), and the Utilities Standards and Procedures Ordinance (Collier
County Ordinance No. 01-57); and
WHEREAS, the Developer is requesting final acceptance of the roadway,
drainage, and water and sewer improvements and release of his maintenance security; and
WHEREAS, the Engineering Review Department of Community Development
Services has inspected the roadway, drainage, and water and sewer improvements, and is
recommending acceptance of said facilities.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that final acceptance is hereby
granted for those roadway, drainage, and water and sewer improvements in Naples Lakes
Country Club Unit Two, and authorize the Clerk to release the maintenance security.
BE IT FURTHER RESOLVED AND ORDERED that the County accept the
future maintenance and other attendant costs for roadway, drainage, and water and sewer
improvements that are not required to be maintained by the Naples Lakes Country Club
homeowners association.
This Resolution adopted after motion, second and majority vote favoring same,
this day of , 2004.
DATE:
ATTEST:
DWIGHTE; :.BRPCK, CLERK
,.' .'J'<'~_"w,.:., ': ~~.,: :'_~:C'/),':'"
~~);~;ti<A} ,.JC '
"0: Jt'. .fto)~at~.s
~~.~,~.r~A.f;-.~ ," I.:~F-~:) : ,.~ :
A'iWro~e<tM'~f6;&n~d legal
su~ency.:~:.:~:~~>' "
',' i?" ''),''''''j1,IV .-
" .u.U;;';''Co1$
"\ " .."
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
~~d4
DO A FIALA, CHAIRMAN
By:
Ilem#
/10 A 5
Agenda
Date
:;-/D'o'l
~~~d cJ.'II-(J ~
~
16A6
MEMORANDUM
Date:
February 11, 2004
To:
John Houldsworth, Senior Engineer
Planning Services
From:
Linda Houtzer, Deputy Clerk
Minutes & Records Department
Re:
Resolution 2004-40
Enclosed please find one copy of the document as referenced
above (Agenda Item #16A6), approved by the Board of County
Commissioners on Tuesday, February 10, 2004.
The original agreement is being retained for the record.
If you should have any questions, please contact me at:
774-8411
Thank you.
Enclosure
'1
.
'1 rr '-j'1
~,I '\.
"
RESOLUTION NO. 04- 40
RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY,
FLORIDA TO AUTHORIZE FINAL ACCEPTANCE
OF THOSE ROADWAY, DRAINAGE, AND WATER
AND SEWER IMPROVEMENTS IN BRYNWOOD
PRESERVE, RELEASE OF THE MAINTENANCE
SECURITY, AND ACCEPT THE MAINTENANCE
RESPONSIBILITY FOR THE ROADWAY,
DRAINAGE, AND WATER AND SEWER
IMPROVEMENTS THAT ARE NOT REQUIRED TO
BE MAINTAINED BY THE HOMEOWNERS
ASSOCIATION.
WHEREAS, the Board of County Commissioners of Collier County, Florida, on
May 22, 2002 approved the plat of Brynwood Preserve for recording; and
WHEREAS, the Developer has constructed and maintained the roadway,
drainage, and water and sewer improvements in accordance with the approved plans and
specifications and as required by the Land Development Code (Collier County Ordinance
No. 91-102, as amended), and the Utilities Standards and Procedures Ordinance (Collier
County Ordinance No. 01-57); and
WHEREAS, the Developer is requesting final acceptance of the roadway,
drainage, and water and sewer improvements and release of his maintenance security; and
WHEREAS, the Engineering Review Department of Community Development
Services has inspected the roadway, drainage, and water and sewer improvements, and is
recommending acceptance of said facilities.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that final acceptance is hereby
granted for those roadway, drainage, and water and sewer improvements in Brynwood
Preserve, and authorize the Clerk to release the maintenance security.
BE IT FURTHER RESOLVED AND ORDERED that the County accept the
future maintenance and other attendant costs for roadway, drainage, and water and sewer
improvements that are not required to be maintained by the Brynwood Preserve
homeowners association.
This Resolution adopted after motion, second and majority vote favoring same,
this _ day of , 2004.
DATE:
ATTEST:
DWIGHT ~.."BROC.~, CLERK
, t\.",{. '. I,
.'~....,a'I;~ 1",
~~..:. ;~, .;ff;l......{.t;~..',';i;t? '.
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sufficle1I8.Y'-., "...... "~,..,"."
., ~/';~ ',~-";f"~:~,;~;o-t:~';
l..l.....
"
BOARD OF COUNTY COMMISSIONERS
COLLIER CO TY, FLORIDA
~ d~,-
FIALA, CHAIRMAN
Item# ~
Agenda /1'10 OJI
Date Ol '_'
ty Attorney
~~~d d. -/1-0 t.f
16A71'~
CONSTRUCTION AND MAINTENANCE AGREEMENT
OF SUBDIVISION IMPROVEMENTS
RECORD PLAT PRIOR TO CONSTRUCTION
"
THIS AGREEMENT entered into this day of , 2004 between 951
Land Holdings, Ltd. hereinafter referred to as "Developer", and the Board of County
Commissioners of Collier County, Florida hereinafter referred to as "The Board".
RECITALS
1. Developer has, simultaneously with the delivery of this Agreement, applied for the
approval by the Board of a certain plat of a subdivision to be known as:
Fiddler's Creek Phase 3, Unit 2
2. Division 3.2 of the Collier County Unified Land Development Code requires the
Developer to post appropriate guarantees for the construction of the improvements required by
said subdivision regulations, said guarantees to be incorporated in a bonded agreement for the
construction of the required improvements.
NOW, THEREFORE, in consideration of the foregoing premises and mutual covenants
hereinafter set forth, Developer and the Board do hereby covenant and agree as follows:
1. Developer will cause to be constructed site improvements including
roadway, water, sanitary sewer, drainage, irrigation, lighting and signage
within 36 months from the date of approval said subdivision plat, said
improvements hereinafter referred to as the required improvements.
2. Developer herewith tenders its Performance Bond (attached hereto as
Exhibit "A" and by reference made a part hereof) hereinafter the "Surety Bond", in
the amount of $1,626,654.59 which amount represents 10% of the total contract
cost to complete construction plus 100% of the estimated cost to complete the
required improvements at the date of this Agreement.
3. In the event of default by the Developer or failure of the Developer
to complete such improvements within the time required by the Collier County
Unified Land Development Code, Collier County, after written notice to Developer
may call upon the Surety Bond to insure satisfactory completion of the required
improvements.
4. The required improvements shall not be considered complete until a
statement of substantial completion by Developer's engineer along with the final
project records have been furnished to be reviewed and approved by the
Development Services Director for compliance with the Collier County Unified
W:\] 998\1998070\3 U2\FSP\CONSMAINT AGREEMENTPRIORTOCONSTRUCTION-3U2040227 .DOC
1
Land Development Code. The Development Services Director shall, 16iA 7 ...~
(60) days of receipt of the statement of substantial completion, submit his
recommendations concerning the required improvements to the Board.
5. Upon receipt by the Board of recommendations from the
Development Services Director concerning required improvements, the Board shall
within thirty (30) days either: a) notify the Developer in writing of its preliminary
acceptance of the improvements; or b) notify the Developer in writing of its refusal
to accept improvements, therewith specifying those conditions which the Developer
must fulfill in order to obtain the Board's acceptance of the improvements.
However, in no event shall the Board refuse preliminary acceptance of the
improvements if they are in fact constructed and submitted for approval in
accordance with the requirements of this Agreement.
6. The Developer shall maintain all required improvements for a
minimum period of one year after preliminary acceptance by the Board. After the
one year maintenance period by the Developer has terminated, the Development
Services Director shall inspect the improvements and, if found to be still in
compliance with Collier County Unified Land Development Code as reflected by
final acceptance by the Board, the Developer's responsibility for maintenance of the
required improvements shall terminate and the Board shall release the remaining
10% of Surety. Otherwise, the Developer's responsibility for maintenance shall
continue until final acceptance by the Board.
7. In accordance with Division 3.2 of the Collier County Unified Land
Development Code, the Developer may from time to time request the Development
Services Director to reduce annually the dollar amount of the Surety Bond on the
basis of work completed. Each request for a reduction in the dollar amount of the
Surety Bond shall be accompanied by a statement of substantial completion by the
Developer's engineer together with the project records necessary for review by the
Developer Services Director. The Development Services Director may grant the
request for a reduction in the amount of the Surety Bond for the improvements
completed as of the date of the request.
8. In the event the Developer shall fail or neglect to fulfill its
obligations under this Agreement, upon certification of such failure by the
Development Services Director and upon notice as provided by the Collier County
Unified Land Development Code, the Board shall have the right to construct and
maintain, or cause to be constructed or maintained, pursuant to public
advertisement and receipt and acceptance of bids, the improvements required
herein. The Developer, as principal under the Surety Bond tendered herewith, shall
be liable to pay and to indemnify the Board, upon completion of such construction,
the final total cost to the Board thereof, including, but not limited to, engineering,
legal and consequential, which the Board may sustain on account of the failure of
the Developer to carry out all of the provisions of this Agreement.
W:\ 1998\1998070\3 U2\FSP\CONSMAINT AGREEMENTPRIORTOCONSTRUCTION -3 U2040227. DOC
2
16 A 7 .....1
9. All of the terms, covenants and conditions herein contained are and
shall be binding upon the respective successors and assigns of the Developer.
IN WITNESS WHEREOF, the Board and the Developer have caused this Agreement to be
executed by their duly authorized representatives this day of ,2004.
Signed, sealed and delivered
in the presence of:
951 Land Holdings, Ltd.
a Florida Limited Partnership
+--~J7-=~
F~PtN~ -T. FE:ENCO
Printed Name
~ iJllJ~~u~
~I J) , &/fl&JrJ1J IJBlfU
By:
It/
Printed Name
rJ~L 0. 7~?
./
FiZ- MJ k.. ::J . re..aJ ~
Printed Name 0
~ ~tUvj
10.61 ij ~1lIE1hJ
Fe Golf, Ltd.
a Florida Limited Partnership
By:
Printed Name
'IJTEST
i~~\, r' ", ~ , '"'
';.'. ,') \' \,.,"': \' "i ,"l,,o,,,,.
Dwi,g~t E. Biock:D~puty Clerk
":'.;" . , ~'-:.
c~
Donna Fiala, Chairman
~~!.
.~: ft!~UI:t..."
S i gtIa't e ;.J 1 l.nI f:..... -..
Oth,1t '. . '
'" . .;..--'
Approved as to form~;;t.ns!l
legal sufficiency:
By:
.
~O ~n~
0M.:t. County Atto y
:JG:NtV i f::'ER A. 8E. L pe b'LO
Item# &47
^"'>:VI;l~ f
I"',':.'~:.-'~ ~ (f'
Ce,. . -
3
W:\ 1998\ 1998070\3 U2\FSP\CONSMAINT AGREEMENTPRIORTOCONSTRUCTION-3 U2040206,DOC
16 A 7;'-':.-
ENGINEER'S OPINION OF PROBABLE COST
TRACT 26
HM File No. 98.70
February 23, 2004
eftS~~VQAKS1BAltlCtUa:
~E~~e.~..ElL.iJtL(bd():R:~~A.T~D~i..........'::.':
$eWi!ili~.c6~~~frtI6j$y~t~'i1})....":... .
Descnption
8" PVC Gravity Sewer 0-6' Cut
8" PVC Gravity Sewer 6-8' Cut
8" PVC Gravity Sewer 8-10' Cut
8" PVC Gravity Sewer 10-12' Cut
8" PVC Gravity Sewer 12-14' Cut
Manhole 0-6' Cut
Manhole 6-8' Cut
Manhole 8-1 0' Cut
Manhole 10-12' Cut
Manhole 12-14' Cut
4" FM DR18
4" Plug Valve
2 5" FM Sked 40
2 5" Plug Valve
Pump Station (6' diameter)
6" Service Laterals
6" Clean outs
Video Gravity Sewer
Video Gravity Sewer (1 year after acceptance)
Subtotal Sewage Collection System
... .,--...-..."'......"...".-..........---...'......'''...,
Wilit~~9lSfBfBUtIOij*Ysf~M)}...:.:.:..... .
Description
16" PVC Irrigation Main DR25
12" PVC Water Main DR18
12" PVC Water Main DR14
10" PVC Water Main DR14
8" PVC Water Main DR18
8" PVC Water Main DR14
12" Gate Valve and Box
10" Gate Valve and Box
8" Gate Valve and Box
4" Conduit
Water Service
Fire Hydrant Assembly
Flushing Fire Hydrant Assembly
Air Release Valve
BSP (permanent)
Subtotal Water Distribution System
S\ 1998\ 1998070\3U2\3U2 Cos1 Estimate040223.XLS
Quantitv Units Unit Cost Total
989 LF $17.20 $17,010.80
831 LF $22.20 $18,448.20
566 LF $30 70 $17,376.20
303 LF $4100 $12,423.00
184 LF $7000 $12,880.00
3 EA $2,052.00 $6,156.00
3 EA $2,432.00 $7,29600
2 EA $3,064.00 $6,12800
1 EA $3,768.00 $3.76800
2 EA $4,50000 $9,00000
60 LF $990 $59400
1 EA $900 00 $90000
50 LF $600 $300.00
1 EA $325.00 $325.00
1 EA $75,000.00 $75,000.00
1,345 LF $1250 $16,81250
87 EA $100.00 $8,700.00
2,873 LF $1.00 $2,873.00
2,873 LF $1.00 $2,873.00
$218,863,70
Quantitv Units Unit Cost Total
805 LF $3880 $31,234.00
2,385 LF $2500 $59,625.00
183 LF $28 00 $5,124.00
60 LF $25.00 $1,500.00
65 LF $1440 $936.00
98 LF $18.10 $1,773.80
6 EA $1,384.00 $8,30400
1 EA $1,200.00 $1,200.00
2 EA $896 00 $1,792.00
1,095 LF $10.90 $11,935.50
71 EA $549 00 $38,979.00
11 EA $2,20000 $24,200.00
1 EA $2,200.00 $2,200.00
2 EA $1,600 00 $3,200.00
2 EA $850 00 $1,700.00
$193,703.30
Page 1
1 6 A7 ~';:1
.
oescriotion Quantitv Units Unit Cost Total
15" RCP 1,704 LF $2000 $34,080.00
18" RCP 436 LF $2400 $10,46400
24" RCP 93 LF $29.00 $2,697.00
19" x 30" ERCP 72 LF $3500 $2,520.00
36"RCP 735 LF $4900 $36,015.00
42" RCP 863 LF $64.00 $55,232.00
48" RCP 266 LF $75.00 $19,95000
54" RCP 287 LF $95 30 $27,351.10
60" RCP 397 LF $11200 $44,464 00
8" ADS 1,980 LF $900 $17,820.00
54" Headwall 1 EA $4,10000 $4,10000
60" Headwall 1 EA $4,800.00 $4,800 00
36" Flared End Section 1 EA $1,50000 $1,50000
Yard Drains 34 EA $395.00 $13,430.00
Catch Basin Type "5" 2 EA $2,542 00 $5,084 00
Catch Basin Type "6" 2 EA $2,685.00 S5,37000
Cater, Basin Type "B" 3 EA $1,460.00 $4,380 00
Valley Gutter Inlet 12 EA $1,53000 $18,36000
Modifying Exisling WCS-7 1 LS $5,41000 $5,41000
J unction Box 9 EA $2,20000 $19,800.00
Subtotal Drainage $332,827.10
PAviNciAN6cilii.~c>'. .
oescriotion Quantitv Units Unit Cost Total
1 \12' Asphall Paving - Type S-III 9,386 SY $400 $37,54400
6" Limerock Base 9,386 SY $500 $46,93000
12" Stabilized Subgrade 11,666 SY $200 $23,332 00
Type "E" Curb 480 LF $750 $3,600.00
Type "F" Curb 1,435 LF $650 $9,32750
36" Valley Gutter 135 LF $750 $1,01250
24" Valley Gutter 4,764 LF $6.10 $29,060 40
Stop Signs 4 EA $12000 $480.00
9 Button Relfector Signs 6 EA $10000 $600 00
SpeedlTraffic Signs 14 EA $100.00 $1,400.00
Street Signs (name) 2 EA $160.00 $320 00
24" Stop Bar, White (thermoplastic) 44 LF $500 $220 00
6' wide special emphasis Crosswalk White (thpl) 3 EA $200 00 $60000
6" Double Solid Yellow Striping 200 LF $020 $4000
Fire Hydrant Markers 11 EA $600 $66 00
Permanent Control Point's 7 LS $1 00 00 $700 00
Traffic seperation markings 3 EA $300 00 $900 00
Seed and Mulch 2.0 AC $1,350.00 $2,70000
Sod - l' Strip 6,814 LF $030 $2,04420
Subtotal Paving and Grading $160,876.60
s:\ 1998\ 1998070\3U2\3U2 Cost Estimate040223XLS
Page 2
16 A 7 ,...,
Descriotion
Quantitv
Units
Unit Cost
Total
6' Sidewalk (concrete)
3,096
LF
$1100
$34,05600
Subtotal Bikepath
$34,056.00
Descriotion
Quantitv
Units
Unit Cost
Total
Street lights
20
EA
$2,800.00
$56,000.00
Subtotal Street Lighting
$56,000.00
Descriotion
Quantitv Units Unit Cost Total
3,254 LF $40 00 $130,160.00
40 LF $2470 $988 00
65 LF $2710 $1,761 50
4 EA $2,250.00 $9,00000
1 EA $1,71000 $1,710.00
1 EA $1,200.00 $1,20000
2 EA $1,600.00 $3,20000
1,095 LF $10.90 $11,935.50
73 EA $549.00 $40,077.00
$200,032.00
16" PVC Irrigation Main DR25
12" PVC Water Main DR18
12" PVC Water Main DR14
16" Butterlly Valve and Box
1 2" Blow - off
12" Gate Valve and Box
Air Release Valve
4" Conduit
Irrigation Service
Subtotal Irrigation
~r~~[r~AN"S~Arl~<i> "..
Subtotal Street Landscaping
Quantitv Units Unit Cost Total
39 EA $200 00 $7,800.00
100 EA $225 00 $22,500.00
30 EA $60 00 $1,800.00
21 EA $175.00 $3,675.00
494 EA $1100 $5,434.00
300 EA $9.00 $2,700.00
45,000 SF $0.29 $13,05000
1 LS $12.00000 $12,000.00
$68,959.00
Descriotion
Mahogany Trees (10' Tall)
live Oak Trees (10' Tall)
Buttonwood Trees (5' Tall)
Slash Pine Trees (8' Tall)
Cocoplum Shrubs (24" Tall)
Pine Straw mulch bales
Floratam sod
Irrigation system
ICh~i@:o.lii~j"tj!dt'Ci(ib:pjriJlitH6hi#Ut9~'(Cbl;)al;li.AtJt;PF>:::$j;i~$;~'1J'/7()1
s:\ 1998\ 1998070\3U2\3U2 Cost Estimate040223.xLS
Page 3
......-,---,....._....."......,-,......-.-,_....... .,.,-..,'...,..,-'-.-...."..'
.r.<H" .ERRYO.. '::;'u:S' ....i::A.. .N'" 'E.. .............. .... .................... .... .......
:~: ,:.. ....: .:,: ,": .::~::::.: .~.. ?~.'.'.. :.:: ....::?r\\)}<):t<){j<\)~
(NONCDDRELATED1::....i.::i?..............:..:...:. .
s~WAO'~e9@ijEti16~s'isf~M...............:. :
Descriotion
8" PVC Gravity Sewer 0-6' Cut
8" PVC Gravity Sewer 6-8' Cut
8" PVC Gravity Sewer 8-1 0' Cut
8" PVC Gravity Sewer 10-12' Cut
Manhole 0-6' Cut
Manhole 6-8' Cut
Manhole 8-10' Cut
6" Service Laterals
6" Cleanouts
Video Gravity Sewer
Video Gravity Sewer (1 year after acceptance)
Subtotal Sewage Collection System
WA1'elilols1'i:tlliil#\dN$YS1'e:M......:...::..::::
Descriotion
10" PVC Water Main DR18
10" PVC Water Main DR14
4" Conduit
Water Service
Fire Hydrant Assembly
Air Release Valve
SSP (permanent)
Subtotal Water Distribution System
16 A 7'1
Quantitv Units Unit Cost Total
662 LF $17.20 $11,386.40
131 LF $22 20 $2,908.20
153 LF $3070 $4,697 10
47 LF $41.00 $1,927.00
2 EA $2,052 00 $4,104.00
1 EA $2,432 00 $2,432.00
1 EA $3,064.00 $3,064.00
270 LF $12.50 $3,37500
20 EA $100.00 $2,000.00
993 LF $100 $993 00
993 LF $1.00 $99300
$37,679.70
Quantitv Units Unit Cost Total
982 LF $20 70 $20,327.40
40 LF $25 00 $1,00000
125 LF $1090 $1,362.50
12 EA $54900 $6,588.00
5 EA $2,200.00 $11,00000
1 EA $1,600.00 $1,60000
1 EA $850.00 $850 00
$42,727.90
Descriotion Quantitv Units Unit Cost Total
15" RCP 439 LF $22.60 $9,921.40
1 5" Flared End Section 2 EA $90000 $1,80000
Valley Gutter Inlet 4 EA $1,53000 $6,12000
Subtotal Drainage $17,641.40
s:\ 1998\ 1 gga07Q\3U2\3U2 Cost Estimate040223.xLS
Page 4
-.-- ..,-.'.......-'_..,.....,..-.., ""'.""',' ...
.PAv'ijc;..Afl9GR&?~(;....<................. .
oescnotion
1 Y2' A.sphalt Paving - Type S-III
6" Limerock Base
12" Stabilized Subgrade
Type "E" Curb
Type "F" Curb
24" Valley Gutter
Stop Signs
SpeedfTraffic Signs
Street Signs (name)
24" Stop Bar, White (thermoplastic)
6'wide special emphasis Crosswalk White (thpl)
Traffic Separation Striping
Fire Hydrant Markers
Permanent Control Point's
Seed and Mulch
Sod - l' Strip
Subtotal Paving and Grading
oescriotion
6' Sidewalk (concrete)
Subtotal Bikepath
oescriotion
Street lights
Subtotal Street Lighting
16A7 j
t
:.
Quantitv Units Unit Cost Total
3,230 SY $400 $12,920.00
3,230 SY $5.00 $16,15000
3,992 SY $200 $7,984.00
369 LF $7.50 $2,76750
760 LF $650 $4,940.00
1,300 LF $6.10 $7,930.00
1 EA $12000 $120.00
4 EA $10000 $40000
1 EA $16000 $160.00
22 LF $5.00 $110.00
1 EA $200 00 $200.00
1 LS $200 00 $20000
4 EA $6.00 $2400
5 EA $100.00 $500.00
0.5 AC $1,350.00 $675.00
2,429 LF $0.30 $72870
$55,809.20
Quantitv
Unit Cost
Total
Units
1,050
LF
$1100
$11,550 00
$11,550.00
Quantitv
Units
Unit Cost
Total
8
EA
$2,80000
$22,400 00
$22,400.00
oescriotion Quantitv Units Unit Cost Total
6" PVC Irrigation Main DR18 885 LF $1150 $10,177.50
6" PVC Irrigation Main DR14 110 LF $1400 $1,540.00
6" Gate Valve and Box 1 EA $680.00 $680.00
6" Blow - off 1 EA $1,450.00 $1,45000
Air Release Valve 1 EA $1,600.00 $1,60000
4" Conduit 295 LF $10.90 $3,215.50
Irrigation Service 12 EA $549 00 $6,58800
Subtotal Irrigation $25,251.00
l~bjitWq~k;~llijii!:Jt~t~nNPN'9pp.fi~tAt~(i:F>.
.,...,....,.,.,............
........,..................
.'........,...,...........
....... ........".,...
... ......... ... ...........................i.......<...<.....$~1~Af)~;~l:!l
Imiil~~e..Qiji,~kn~l'i#~'~;VOl~~Qd##fr9~#t.'...$ji41~;1~~~QI
Conslruclion and Maintenance Security Amount
(100% of Grand Total + 10%)
S:\, 1998\ 1998070\3U2\3U2 Cost Estimate040223.XLS
1,626,654.59
Page 5
16A7~1
(Fiddler's Creek, Phase 3, Unit Two)
PERFORMANCE BOND
Bond # K07004138
KNOW ALL PERSONS BY THESE PRESENTS: that
951 LAND HOLDINGS, LTD.,
a Florida limited partnership, and
FC GOLF, L TO., a Florida limited
partnership, both at the address of:
3470 Club Center Blvd.
Naples, FL 34114-0816
(hereinafter collectively referred to as "Owner") and
Westchester Fire Insurance Company
(Name)
(Street Address)
(City/State/Zip Code)
1601 Chestnut Street
Philadelphia, PA
(hereinafter referred to as "Surety")
are held and firmly bound unto Collier County, Florida, (hereinafter referred to as "County") in the
total aggregate sum of One Million Six Hundred Twenty-Six Thousand Six Hundred Fifty-Four and
59/100 Dollars ($1,626,654.59) in lawful money ofthe United States, for the payment of which sum
well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and
assigns, jointly and severally, firmly by these presents. Owner and Surety are used for singular or
plural, as the context requires.
THE CONDITION OF THIS OBLIGATION is such that whereas, the Owner has submitted for
approval by the Board a certain subdivision plat named Fiddler's Creek, Phase 3, Unit Two, and that
certain subdivision shall include specific improvements which are required by Collier County
Ordinances and Resolutions (hereinafter "Land Development Regulations"). This obligation of the
Surety shall commence on the date this Bond is executed and shall continue until the date of final
acceptance by the Board of County Commissioners ofthe specific improvements described in the
Land Development Regulations (hereinafter the' Guaranty Period").
NOW, THEREFORE, if the Owner shall well, truly and faithfully perform its obligations and duties
in accordance with the Land Development Regulations during the guaranty period established by
the County, and the Owner shall satisfy all claims and demands incurred and shall fully indemnify
and save hannless the County from and against all costs and damages which it ma,y sutTer by reason
of Owner's failure to do so, and shall reimburse and repay the County all outlay and expense which
the County may incur in making good any default, then this obligation shall be void, otherwise to
remain in full force and effect.
PROVIDED, FURTHER, that the said Surety, for value received hereby, stipulates and agrees that
no change, extension oftime, alteration, addition or deletion to the proposed specific improvements
shall in any way affect its obligation on this Bond, and it does hereby waive notice of any such
change, extension of time, alteration, addition or deletion to the proposed specific improvements.
PROVIDED FURTHER, that it is expressly agreed that the Bond shall be deemed amended
automatically and immediately, without formal and separate amendments hereto, so as to bind the
Owner and the Surety to the full and faithful performance in accordance with the Land Development
H.~gul~tion:.;. The telTII "A!ncadmet:t," whenever used in this Bond, and whether referring to this
Bond, or other documents shall include any alteration, addition or modification of any l:haractcr
whatsoever.
Page 1 of 3
16A7
IN WITNESS WHEREOF, the parties hereto have caused this PERFORMANCE BOND to be
executed this 3rd day of February, 2004.
M fl-{U: Ii
PRINCIPAL:
WITNESSES:
~.
951 LAND HOLDINGS, LTD. a Florida
limited partnership
By:
" ~ v
~ l..\~
i!YJ!f~/;t:t,~v
Pri"'N'_~ ~ ~",4EX
Fe GOLF, LTD., a Florida limited
partnership
By:
STATE OF FLORIDA
COUNTY OF COLLIER
The foregoing instrument was acknowledged before this 3~D day of "/)1 A-It.C H ,
2004, by Aubrey J. Ferrao, Attorney in Fact of 951 Land Holdings, Ltd., a Florida limited
partnership, on behalf of the limited partnership. He is personally known to me.
STATE OF FLORIDA
COUNTY OF COLLIER
Print Name: ~
Notary Public
Commission No.
My Commission Expires: -"iW l6a'lMlucas
~~ ,; ~~i6A~):lD172383
~or ",'0' Expires F!!l>rulry 21.2007
The foregoing instrument was acknowledged before this 3(~o day of ~ rtILCt1 ,
2004, by Aubrey J. Ferrao, Attorney in Fact of Fe Golf, Ltd., a Florida limited partnership, on
behalf ofthe limited partnership. He is personally known to me.
Print Name:
Notary Publ
Commission No.
My Commission Expires: .2-/ ZI/O'
(SEAL)
.f~
r~, Joan M Lucas
'.;Y) My Commission 00172383
0, f\. Expirea Febru8ly 21, 2007
Page 2 of 3
16A7~'
SURETY:
~ ~:sr
Print name Grace Laterza
,. /.
.,1 I""" "'0'
r' ."J- .
Insert Name of Surety: . "/.\ ,
Westchester Fire Insurance CoiIquiny.:-: .)
,
'''''''.
; :1 /. ',~
I
.,)~t
,/t
~/7~/J
By: ~. ~.R~
PrirrtName: etty Calderon -
Title: Attorney-in-fact
Print name P~t"Ti,.i~ Ng
STATE OF N~w York.
COUNTY OFNew York
The foregoing instrument was acknowledged before this 3rdiay of March
2004, by Betty Calderon (insert name), as Attorney-in-fact
(insert title), on behalf of Westchester Fire Insurance Compan~insert name of surety) who is
_Dersonally known to ~ or has produced as identi fication.
~ d<M~ L ~eL-
Print Nam~ EvanR:elina L. Dominick _ 'r':~'"o
Notary Public ,'''v."
Commission No. 010004769474 , -., -
My Commission Expires: 1/31/2007
(SEA L)
N/A
Countersignature of Florida resident agent
Printed name:
f:\USERS\ WANDA \fIDDLERS\3 Unit 2\951 to CDD\PERf-BOND. wpd
Page 3 of 3
POLICYHOLDER DISCLOSURE NOTICE OF 1
TERRORISM INSURANCE COVERAGE
TO 3/3/2005
Westchester Fire Insurance Com an
.
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
You should be aware that under the Terrorism Risk Insurance Act of 2002 ("The Act") effective November 26,
2002, any losses caused by certified acts of terrorism under your existing coverage may be partially
reimbursed by the United States under a formula established by federal law (applicability is subject to the
terms and conditions of each individual policy). The Act was specifically designed to address the ability of
businesses and individuals to obtain property and casualty insurance for terrorism and to protect consumers
by addressing market disruptions and ensure the continued availability of terrorism coverage.
Under the terms of The Act, you may now have the right to purchase insurance coverage for losses arising out
of acts of terrorism, as defined in Section 102(1) of the Act: The term "act of terrorism" means any act that is
certified by the Secretary of the Treasury, in concurrence with the Secretary of State, and the Attorney General
of the United States-to be an act of terrorism; to be a violent act or an act that is dangerous to human life,
property; or infrastructure; to have resulted in damage within the United States, or outside the United States in
the case of an air carrier or vessel or the premises of a United States mission; and to have been committed by
an individual or individuals acting on behalf of any foreign person or foreign interest, as part of an effort to
coerce the civilian population of the United States or to influence the policy or affect the conduct of the United
States Government by coercion.
Responsibility for Compensation under The Act is shared between insurance companies covered by The Act
and the United States. Under the formula set forth in The Act, the United States pays 90% of covered terrorism
losses exceeding the statutorily established deductible, which is paid by the insurance company providing the
coverage.
We are providing you with the terrorism coverage required by The Act. We have not established a separate
price for this coverage; however the portion of your annual premium that is reasonably attributable to such
coverage is: $0.00.
~
Betty Ideren
-i. -
'1
,.J::t.,-
.,/
,.:s-
I:
TRIA12 (5/03)
Power of
Wttqrney
380063 . .... I!.. .~ 7 ...
KnowalJ men by these presents: That WESTCHESTER FIRE INSURANCE COMPANY, a COrporatioDofthe tatJ.JN~vJyL,having;:l
principaloffiee. in the City of Atlanta, Georgia , pursuant to thc:folIowing RCsoI~ion,lldoPted by the Board ofDin:ctors of the said Company on November 8, 1999, to
wit: . ... .... . .
. . "IlESOL VED, thlt the following .Rules shall govern III. ex~"" f(le the Comj>any of'bOlld$, m:dertlkjnp, reqn~ _1I'IlClS and other writing. in thenalure thereof
Thlt the Presidem, ony Senior Vice PreSiden~ any Vice PlWident, and AlliIllntVi... PlWidem, or any .\ltcmey-iA..Fact, may ex=te for and OIlllehalhfth. ComfllDY any ond all bonds, IlIIderlWngs, 1'llOOgIIi_ces.
con1l'lldund other writings in th.n........thereof,th. tame to lle.atteated when noceasuy by th.Corpora/eSec:maty, or ony AlliSWll Coiplxale Seaewy, and the teal of'th. CompIlDy Jtixedthi!reto;andthllllhe
President, any Senior VICe President,.any Vice Preaidenlorany AJsilllllnt Vice Ptesident mayippoint and IIIthOrize any other OffiCeir(e1ec1ed or ippoinlcd)of the Company. .. Attomey.Ja-l'lIClto 50 execute or _to
the execution of' all such writings on behalf of the ComfllDY and to affix the seal ofth. Compony thereto.
Any such writing executed in w:ordllnce with these Rules shall be.. binding upon the Compony in any....... though signed by the PlWident and atteated to by the Coiplxale Secrewy.
1lte si",.ture of' the Presiden~or II Seni... Vice Presiden~orliVi..President, or lIII Aailllllnt VicePreliclent and the seal of'theComfllDY maybe affixed by (...,.;mile on any power of' tIlOmey griIlIlcd fIUlIUlIAt to this
Resolution, and the signll\llreoh certilYil>3Offi..... and th.. oftheComponymay be'affiltcdby fllClirftilelO any certiflCllte ofany IUChpower;and any-.ch po\\'erorcenill.. beari"lllUCh fllClilllile signature and lie
~lbevlllidandbindlngonth.ComPlllY.:<.. ...:. ..::.'.\...:" i:'..:. .i:.:... .::.:.:........:.:. ..
~ other Offi~ ~the Company, and.Attorncys.ln.FiCt.b.J1 hll~.lUthQri1y~ cenjfy or~erifycopi';ofthi'.ResoIutica,th. By.Laws of the ComfllDY.~d any .qi<IlIvitorreconlofth. CqnpUy n~lOthe
dischllrg. ofthOlr duties. .......: ....:::: :::..:'.:. ..:..... .......... ....::..:. :..':: ..:. ..........:
the puoag. of this .Resolution does not~ any ..-lierlllthority griIlIlcdby Resolutions of IheBOIrd of'Direc:tan.'
"-.. - ,...-., -.:.' ,:,:,.;., -..,'-,':'.- -,,'- .'-:, -.:.,. ::. '- -:-,'-,' -, -.-.,.-'-, .-' ., .,.
Does hereby nominate, constitute ~ 8JlPOintROBERTP.MCDONOUa!iVIVIAN CARTI, DEBRA A.DEMINa, BErrY CALDERON,
HALINA KAZMIERCZAK, ANTHONY CORTESE, NORBERT KRUGER, YVONNE OLMEDA, PATRICIA NG,
CYNTHIA SOMERSALL''fHOMAS RHATIGAN, ELIZABETH MARRERO andSANDRA DIAZall of the City ofNe'N
Y()rk, State of New York, el.chindividuallyifthere be I11()fe than one named, its true and lawfuhttomey.jMact, toinake, execute, seal and deliver
on its behalf, and as its act and deed any and all bonds, undertakings, re~nizances, contracts and other writings in the nature thereof in pcnaltiesnot
exceeding Ten Million Dollars ($10,000,000) and the execution of such writings in pursuance of these presents shaU be as binding upon said Company, as
fully and amply as if they hadbeen dulrex~uted and ackowledged by .the regularly elected offic.ers oItheCoDlpanyat its principal officc'i ......
... TN WITNESS WHEREOF, the said Stephen M. Haney ,Vice-Prl:$ident,has hereunto sub$cribc:d his name and affixed the corporate seal of the .
said WESTCHESn:R FIRE IN~URANCE COMPANY this 4th day of March 2004.
.....~......e...iiQ.. 't'... WESTCHESTER FIRE INSURANCE COMPANY
/~ .. ~"'...,t ~
i..~;)~.J =.'1
"-~~"~" I
\~~.~~l
COMMONWEALTH OFPENNSYL VANIA
COUNTY OF PHILAOELPHlAlis. .> ......<. ... ... ....... ........... ......
On this 4th day of March ,A.D. 2004, before me, a Notary Public of the Commonwealth ofPennsylvanill in and for the County of Philadelphia came
Stephen M. Haney, Vice-President of the WESTCHESTER FIRE INSURANCE COMPANY to me personally known to be the individual and officer
who executed the preceding instrument, and he acknowledged that he executed the same, and that the seal affixed to the preceding instrument is the>> .
corporate seal of said Company; that the said corporate seal andhiuignatlire were duJyaffixed by the authority and direction of the said corporation,and
that Resolution, adopted by the Board omirectorsof said Company, referred to in the precedinginstrument, is II()w.in force. .
IN TESTIMONY WHEREOF, 1.lulve hereunto set my hand and affixed my official seal at the City of Philadelphia the day and year first a!:love writteJ'l:
,.,.U"H"~I " " '.:_:::
:::- :-.,.'1'\ . . . _:" "I~~ .
,.....~" ~~;.: _""Ii '~,
H' ;...~~~...to. V,/ "'f...
........:.. '.' ... ,..
. ... .' ....~.. ...,..!. CI':..'.~ ....~.';t\.. ~.
~~. . ;A..~ ~
.'..', ..' . "". . ~".I'. -:.
..:.' . .... ';:. a.- ..
.. ......". _.~..-
:~ \.~:~~"'-"~~'-~~' ~1'w-;
: 1_ ~-. u" ...;.' ....... ,--,_
. 'l-~ ......0 -... ,..',,.. ~
W... \0 \ ,..,..... ;..~...... lE: _. ~,
'1....:;.)0 ~ . .{t. is" "<. ..
~....~\~. .,. ... ./.t."{'" l
. " '. O~ ",O~'~.
: ~,>""",""'.....~,~"
.., .-' .'
\,\'Ifi
.:', !11!~~~t1;'\
I, the undersigned SecretaryofWESTCHESTER FIRE INSURANCE COMPANY,do hereby certify that the original POWER OF
ATTORNEY, of which the foregoingisasubstantially true and correct ctlpY' is in full forceand~tfect. ..... ..\........... ..............ii .... .i ..........
In witness whereof; I have hereunto subscribed my name asSecretary, and affixed the corporate ~ of the Corporation, this 3rd dayof
M.. '" (' h .....:...2.00 4r) .........., .........
...'. '--- ".". -- -.., -,',,'-- ---. .
~r:~W
George D. Mulligan,Secretaly
1l,S."II,TfNl"OS -'Iln7.t:><' A.H01SO
~ '.; - _~ ,..,-l-J.q- fl
WDTcHESTER FIR!! INaURANC& COMPANY
FINANCIAL STATBfBn'
ADMITTED ASSED
BONOS
SHORT - TERM INVESTMENTS
STOCKS
REAL ESTATE
CASH ON HAND AND IN BANI(
PREMIUM IN COURSE OF COLLECTlOW
INTEREST ACCRUED
OTHER ASSETS
TOTAl ASSETS
UABILmES
RESERVE FOR UNEARNED PREMIUMS
RESERVE FOR LOSSES
RESERVE FOR TAXES
FUNDS HELD UNDER REINSURANCE TREATIES
OTHER lIABIlITIES
TOTAl. UABIUneS
CAPITAL: SPECIAL SURPLUS
CAPrrAL: 928,592 SHARES. $3.7 PAR VALUE
CAPITAL: PAID IN
SURPLUS (VNASSIGNEO)
SURPLUS TO POLICYHOLDERS
TOTAL
rexClUOES PREMIUM MORE THAN 90 DAYS DUE.)
Sl'ATE OF PENNS'n.VANIA
COUNTY OF PHILADElPHIA
DECEMBER S1, 2002
S880,704,904
57,644.963
o
o
23,294,656
73,982,n1
11,&25,908
140.365.908
1,267,619,110
$342.348,111
880.995,839
11.049,350
1~7,083
t152.791.8S2}
1862.938,531
$117.300,000
4,503,671
128,333,500
154.543.408
404.680.579
$1,267,619.110
16 A 7 '4
.Joseph Stagrl8nO. being duly sworn. says that he Is Vice PnIcldent - Assistant Controller of
WestdIester F'e Insurance Company and that to the best or hie knowtedge 8nd belief the
foregolng Is a true and carrec:t stabnent of the said Company's financial condition as of the
31st day of December, ~/
Sworn be
.
Seal
. NotarY~
, PhlIad8fphla Counlv
MY ComrnIlllOn IiJqlireI Jan. 12, ~
Meniler, f'8nn8yIvIhlBHt1:t- ~lIl1anflNolatle8
IshOtt forms 2002/wfict
Retn:
CLERK TO THE BOARD
INTBROPFICB 4TH PLOOR
EXT 7240
3344056 OR: 3501 PG: 0332
RECORDBD in OPFICIAL RECORDS of COLLIER COUNTY, FL
02/12/2004 at 03:14PM DWIGHT E. BROCK, CLBRK
RBC PBE 73.50
COPIBS 16.00
16A8
S/~
\;
RESOLUTION NO. 2004- 41
A RESOLUTION OF THE COLLIER COUNTY BOARD OF COUNTY
COMMISSIONERS FOR PETITION A VESMT2002-AR3244 TO DISCLAIM,
RENOUNCE AND VACATE THE COUNTY'S AND THE PUBLIC'S INTEREST
IN ALL OF THE CONSERVATION EASEMENT CONVEYED TO COLLIER
COUNTY BY SEPARATE INSTRUMENT AND RECORDED IN OFFICIAL
RECORD BOOK 1947, PAGES 429 THROUGH 436, PUBLIC RECORDS OF
COLLIER COUNTY, FLORIDA, AND TO ACCEPT A RELOCATION
CONSERVATION EASEMENT, LOCATED IN SECTION 17, TOWNSHIP 51
SOUTH, RANGE 27 EAST.
WHEREAS, pursuant to Section 125.01(t), Florida Statutes, Donald A. Pickworth, Esq.,
as agent for the petitioner, Naples Golf Development, LLC, owner of the subject property, does
hereby request the vacation of all of the Conservation Easement conveyed to Collier County by
separate instrument and recorded in Official Record Book 1947, Pages 429 through 436, Public
Records of Collier County, Florida; and
WHEREAS, the Board has this day held a public hearing to consider vacating all of the
Conservation Easement conveyed to Collier County by separate instrument and recorded in
Official Record Book 1947, Pages 429 through 436, Public Records of Collier County, Florida. as
more fully described below, and notice of said public hearing to vacate was given as required by
law; and
WHEREAS, the granting of the vacation will not adversely affect the ownership or right of
convenient access of other property owners.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the County's Conservation
Easement interest over and across of all of the Conservation Easement conveyed to Collier County
by separate instrument and recorded in Official Record Book 1947, Pages 429 through 436, Public
Records of Collier County, Florida, is hereby vacated, extinguished, renounced and disclaimed,
and this action is declared to be in the Public's interest and for the Public's benefit:
See Exhibit "A" attached hereto and incorporated herein.
Page 1 of 2
OR: 3501 PG: 0333
~~(~A8
..,JL ~.~?.. ...
BE IT FURTHER RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA, that the Conservation Easement, more particularly described in
Exhibit "B" attached hereto and incorporated herein, is hereby accepted as a relocation
Conservation Easement for the Conservation Easement vacated herein.
BE IT FURTHER RESOLVED, that the Clerk to the Board is hereby directed to record a
certified copy of this Resolution in the Official Records of Collier County, Florida.
This Resolution is adopted this
day of
,2004,
after motion, second and majority vote favoring same.
DATED:
ATTEST: ,,"","""
D WIG I-rr~~13'R:~tii(~' Clerk
/~;;~ ~iF;~p:';': .~::. ...
. . C.
eptft(-alerkc.-~,,:>~:~, '.: " :
Atti~t~~.~':~it.. S
S 1 gnlt~'oj:lj,~:, ,'--
III/I" .
BOARD OF COUNTY COMMISSIONERS
COLLIER C UNTY, FLORIDA
d-
BY:
Donna Fiala
Chairman
Approved as to form and legal
sufficiency:
Esq. ,
Attorney \
Item #
1~1I8
f!,'T;d~
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v u -'.'. ,.".~_~,_ ".._
Page 2 of 2
,01821'801
U UUI.Z9
PAGE
'ttAll3 AnIlIS" ouPa4'l
COLLJER" COUNTY . RECORDED OR BOOK
. .-:..~ II C' CONSERVATION EASDlIIIT
;AM 0 -01/75-.., .
TillS CONSERVATION EASEMENT, .-d. and .nt.rMl Into this 14th day
~_____ of April, 1994. by Napl.s Executiv. country CI~b, Inc.. ft Florlda
lID corporation. vhoa. poIIt oUice addren Is 5057 ,.".la.l Trall Ea.t,
~ Napl... Florida 33'62, a. Grantor, to colli.r county. a political
subdivision of the stat. of Florida, vhoa. ..Jllne) adelrt... 111 3301
Be.t Ta.ia.i TraIl. N.pl", FlorIda 33'62. aa Rr.nt...
I
(Wh.rev.r ...MI h.nin the t.ra "Gr.ntor. and "Grant.." includ.
.11 the parU.s to thl. instru_nt "nd th.lr re.pectIve h.I...,
Jeg.l r.pre..ntatlves. sur.eea.o~ and n~sI9ns.)
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WIT N E SSE T HI
"IIBREAS, Grantor 1. the owner of certain 1'...1 property located
in Collier county. Florida (... attached exhibit). and the Grantor
d..ires to d.v.lop the r.nl property~' and,
WIIP;REAS. part or thllt propollled property. IOCRt.ct vlthin the
southv..tern portion or the sit.. .. .ore JIfIl'ticularly d.llcribed
on Exhibit .A. "ttllch.d hereto (h.relnaft.r r.(erred to .s the
"property.) 18 presently uniaproved. and inc~d... landa
prec:lOlllnat.ly In th.ir natural. sc.nic. open or vooded condition
as lIult.bl. hablt.t (or .nd..ic plan~., tr.... [.~na. and
vUdlUer and
~IER~~. Gr.nt.. vishes to .nsur. th.t on .It.. or properti.. of
historical. architectural or ~ltural siqnlficanc.. the structurlll
inteqr1t, and phy.ical IIppearance of the rroporty i5 retained.
NOW. 11IEREFORE. Grantor grants .nd con\'.,s an .a~e..nt in and to
the Exhibit .1\" Property which IIIhaU hAve the lllCOpe nne) be "UbJect
to the re.trlction" IInd covenants that (oHow:
~CODe of ~he Ea....nt
1. Thi. .a....nt convey. to the Grant.. a perpetual int.rellt in
the property. con.lstine) of the followlnq arriraativ. and
negative covenants on the part of the Grantor and Gr.nt....
A.
No construction or ph.sing o[ buUdlng. roads, siqn..
billboard~ or other adverti.ing. utiliti.. or other
structure. o( nny kJ ncJ what~oevt'r. 011 or above the ground
Oil the proJM'rty shall be undertnken without the prior
written COIIsent or t.he Gr.nt.e.
B. "0 dU.ping or pl.cing oC soli or other substance
wh.tsoev.r. or dUllping or placi"9 of ~ra.h, waate or
unsightly or off.n.i.. .rterinl on the property.
C. ."0 r...oval or destruction or n.tlv. tr...., ahruM. or
oth.r veg.t.tion on the property, .xcept [or the reaoval
of noxiouS or .xotf.': v.getlltion a. r""CJulred in any
restoration .1 tlg.tl.,.. pl.n. or tr... wh~ch .1'. within
qolf play.r..s~
D. No surface use .xcepL for purpoa.s th.t. perait the l.nd
or water a 1''' , to be predOllinatelY In its n.tur.l
condition on t.,.. pro...rty.
E. No activ!tjes "etrl..nt.l. to drainage, nood control,
v.t.r .anage..nt, w.t.r conse".tion. w.ter quality.
.roslon control, ao11 conservation or fish or wildlife
habit.t pr.c;erYation of the rropllrty.
F. "0 act. or ,'"e. d.tri..entalto auch retention of l.nd or
wat.rare.S on the Property.
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DIll'"' [ (i~.IJQJ_F"'Sf'rMI r,....I"tt I, I~.
.'~_'t-J~~I.~oroSlFt."" (Ollfi'
16A8
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EXHIBIT MAM
SHBET I OF .
AVIlSMT2OO2-AR3244
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conaervation'E..e.ont
Ifaple. EXeeutive Country CIUb.OftnBOOK
Paqe '1' IlfO
0001.30
PAGE
16A8
G.
All relnvadlnv exotio veqetatlon ahall be r-.oved on
annual ba.l.. by the Grantor.
There .hall 1Ma no ..xoa..at.lon, dred91nv, or n.oval of
loe.. JMlat,grllvel .oil. rook or other _terlal
.ubDtlthCft in .uch ..nner 1'. to arrect t:be Property
de.crlbed hnr..JII onc... .ltig.tion ba. been coaplated.
EXHIBIT MAM
SHEET 2 OF 8
.A VESMT2OO2-ARJ244
an
II.
1. 'J'htIre .ball be no acta or u.... detd....ttll t:o the
pre.ervatlon of the structural intevrltJ' or pbyaloal
app"arance of the Propnrty 1.scr1becl hanin oC
hhtorical, archlteotural. al'chaeologlcal, or aulnnl
"JgnlUcanc:a.
2. Notwithatandlnq any other provlnton. of this inntruaent, the
Grantor or Gr...tan .ay grant an DIlI"....nt for dralnave and/or
water ..nage..nt PUrpoRftll over all or part of the Property
and purt'luant thereto, conntruct: and ..1nt.ln ~ draina,e
f.e!Ut..1_ all III accordanoo with South FJ,orlda Water
Han8ge..nt Di.trIet. Further.or... tha ..Intenano. necanaary
(or thlt drainage facility "haJI b. perforaad by the Grantor.
R.MJUM
,.
3. In tha event of vloletlnn or any covenant oontained In tblc
Con"ervaUon ~n.lP..nt.. thn Grant.. .hal1 ttn entitled to
purnun .J 1 availabl.. 1~"1 Itnd nqul tnbl. r.._llen, tnclucUng
II.j unet ton.
c
IN WITNESS WHERROF, the GrDntnr ha. o.unnd th..e pr...n~. to
be executed tbe data And year fh'st Dbove written.
~a{, ,.~ {[;; ~~~/l i&...
WITttP5 (S 9nature)
...v;q nil :,;f k. Hi7!j_c.lI...t~-
(pr nt -J
NAPLES eXECUTIVE CCUHTRY
CLUB, INC.,
o Florida corporation
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By: #~~
L. R. Br 11, Pre. .n
THIS CO"'f,,~~r .rCEPTED I' TIE
BOARD or C(II' ISSIOtIEI$
COlLI rr r . WArD \. ·
PUlf~' "IfO"lS~
or lL.-.... ._. .w. - !J !J:5
\
STAft or FLORIDA
COUNTY or COLLIER
.'
Th. for89oih9 Con..rvati.on r.a.elltflnt VIII. aOlrnovledV.d before
.. thIs ~~ daJ' of l:A-"~~' . 1"4., by L. R. Brill,
President of Hapl.. Exncutive oun ry'ciub. Inc., on beh.lf of the
corporation, wbo In porRonel Jy known to .. or who ba. produoed
~~C'.i'~ ~,~,.p ident1Cication. Q
(Affix notadal ..al) /tJ;,/~iJ
r No ry _
(pr 1:7)
coal.alon ,
By eo..1adon Bxp1nal
. . :rJ!7o~.1.I'.a'
HAtfC'Y': tI'~:II~ 'll
. NOI'^IIIVrllIU': !:'o....,:'! \" ....OIt1D.'I
" (''''~f,..<<:t,tr.ttll,"17
NY2~~"!.".Ll!::!.~~~J!I!IS
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LAHD. DESCRIPTIOn 0" PRESERVE AUEA NO, 1
A PARCEL Dr ~ND LYING It. SECTION 17, '1'OWtlStlIP 51 SOUTn, 1UUIOII'.l
EAST, coLI.IER COUNTY, FLORIDA, SAW PAnCEI. OF LAND OF.lltG ttORF.
PARTICULARLY DESCRIBED AS FOLI..oWS:
COHHSNCING AT TIlE SOUTIIP.AST CORNER OF TIlE SOUTIIwr.s-r
QUARTER(S"1/4) or SAID SECTIOtl 17: TIIEHCE NORTII 00'27'U" EAST
ALONG TilE EASTERLY LIMF. OF SAID SOl'TIlWEST QUARTBR (SW)/4) FOR A
DISTANCE or 128,90 FEE1' TO AN INTERSECTION "ITlI It LINF. rARAld.f:L
WITlI TIlE NORTIIEASTERLY IUc:lIT-OF-WAY LItIF. OF TAMIA"I TRML (U.s,
41 -s.n, 90): TUENCE tloriTll 54'li'31" WF_,", AI.otIC SAW rMIAloI.r.L
LINE fOR A DISTAltCF. or 750, on Fr.ET: '1'IJl:IICr. NORTII !l4':2'" 0 t" WJI:!;T
CONTINUING ALONG SAID rARALI.E'I. LItlF. roR A DI5TAIICF: OF' 55.5!' rEr.T
TO AN INTERSBCTION WI'111 TllP; CElfrERr.Jtlr. 0" AN t:XIBTJI.G 1l0AD;
TlIEHCE sOUTII 35' 37' 59- WBST AI.oNC 5MD CF.lITERLIt'K ruR A UISTANCE
OF 400.00 FEr.T TO AN INTF.Rf;F.CTlotl WITlI ';1.11) NORTIIEAfn'F.nl,Y
nIGIIT-OF-"AY LINB: TllF.NCr. nORTlI !;.J'2"'0)" w.._err M.onc; SAlU
NORTIIF.ASTBRLY RXGIlT-OF-WAY l,lIIF. ron A UIll:1'AnCF. 0.. 91R.fI!I FF.F.'!' Tn
TIlE 1'01HT OF DEGINNING OF TIlE IIEIlE 1II UE!;CIlIDF:D rnF.5F.IlVF. ARfJ\ tlO. 1:
TlISNCE NORTII 09' 26' 26" r.AS'r FOR A IHSTAt.CF. OF 13, OS FF:r.T:
TtlENCE HORTIt 62'59'07" WF.R'f FOR A UlSTANCF: OF :21,..n "P:ET:
TUSHCE NOR'l'1 74'28'19" WF.S'r fOR A UISTAttCF: OF 15.1f) ":11:1':
TUSNCE NORTII U' 22' 0'- WEST FOR ^ IlIs-rAttCF. OF 1'1,55 ,.IUM':
TtlENCF: NORTII 38'41'19" WEST ran A UIS'1'AttCF. OF 55.fit rr:ET:
TUEHCE NORTII 55' 40 ' 4 7 " Wr.S,)' FOR A U J r.,'MICf: Of 7:J. fiCJ "F.r.l': \
'1'IlENCE NORTlI 50']9'54" WF:~'J' Fan i\ 1I1r.'I'A"C$ of "".44 r"r.T TO ^ roJtI'~
OF INTERS:;crJON WITIl A nOtl-'J'AtlGF.trl' t.'lIllYF: FnUM WIlICIl 1'1lF. tlAIJ1U!l .
I'OINT BEARS NOR'l'!1 13' UU '40" EAS'I':
TllENCE NORTIIWESTF.RLY AI.oNG !lAIU CtIllVF., CotlCAVE tlOlrfllF.ASTF.Rl,Y,
UAVING A AADIUS OF 100,9J FF.F.'I', ^ CF.t"I'RAI, AtIGI,F, OF 3~' 111'19" FOil All
ARC DISTANCE OF 62.lD Fr:r.r ')'0 A rOH'" OF' IHTEk~F.(..rloll Wl1'lI A
NON-TANGENT LINF.,
TlIENCE 1I0RTlI 69'02'23" WE5,)' Fan ;\ DISTAnCF. OF 28,2) FEET '1'0 A FOUM'
0" CURVATURE: .
TIlENCE NORTIIERLY 1\1.otlG !JAtO CURVF:, COtICAVF. F:ASTF.RI,Y, IlAVJ NC 1\
MDIUS OF 19.00 FEET, 1\ ..'Etrrn^L M,r:U: Of' ll!i'00'3U" P'On At' ARC
UISTANCE or '1'.18 FEE'l' 1'0 1\ roJ in' lIF 'l'i\"c~F.IICY:
TIIENCE NOATiI 46'06'07r F.^J;.J' Foil A Ulr.TMICF. OF 32. J!; FRE'r:
TIlEJlCE tlORTII 5:'.'20'57" F:1\r.'f Fan A \II,;'rA"CF. UF tiLl3 rF.r.r:
'J1IEHCF. NORTlI 72' 16' 1,7" I:^~'\' F'OI( ^ III r.'I'M'l:r. Of 7'1," J FF.F.T 1'0 A l'Ol.trl'
OF CURVATURE:
TIlENCE EASTERLY AI.ot.C SAIU CURVE" COtlCAVE r.Olrl'nF.RLY, IlAVUIt> A
MDIUS OF 40.00 FEF.T, A CF.t1TRAI, AIIG"F: OF 3 I' 5' '53" FOR AN ARC
UISTAtICE OF 22.27 FEET TO ^ ro Itfl' OF COlwc'lmu CftRVM'lInF.:
TnENCE SOU'l'IlEASTF.RLY Al.otlG SAIl) cunv,.;, 1..OUCAVF. 50IrJ'lIHES'I'F.RI,Y,
IlAVING 1\ MDIUS OF 11U.OO Fr.!':"J', ^ CF.U"rll^I, AIIt;t.r. OF 3n'59'35" Fun All
ARC DISTANCE OF 74,06 FEF.'I' TO 1\ I'OHI1' 0'- conroUtlU CURVATURE:
TIlEtlCE SOUTIIFJ\STF:RLY MlmG SAIU (.'UltVF., t."JIICAVF. sotrrIlWESTERI,Y,
IlI\VING A MInus OF 500. no FF.F.T, ^ CE"','IlAI. AtIGI.F: OF 11'" 7' 20" FOil At;
ARC DISTAt'CE of' 102.81\ I'EF.T TO ^ I'OW'J' OF nEVF:nSF. t.'UtlVI\')"nF.:
TllEtlCE SOUTIIE^STERLY l\l.otlGSAIU CURVE, COtlCAVE ,10R'l'IlF.ASTF.RLY,
lIAYING A RAUIUS OF 189.UO FEET, A CF.tI'I'tlAI. MIG1,t OF ll'~~"CI" FOtl A"
ARC DISTANCE or 39. 3:J Fr-:F.T TO A ronl,)' OF RP;yy.nr.r.CURVATURE:
TJIEtlCE SOUTIIEASTERI.Y ^LI.IIIG ~^J U t.'UnVE, CUNC^VF: sotrrnWt:~'l'F.nLY,
II^VIHG A RADIUS OF 100.110 FF:F.T, ^ CEII'l'R^', Am:J.E DF 4:1036'J2" FOil :^"
ARC DISTANCE OF 76,11 FEET 1'0 A raInT OF ltl'rERSF.C'I'IOtl WI'111 A
NON-TANGENT LINS,
THENCE NORTII 81' 41' 50" r::ART FOR 11 DISTANCE Of 56. 15 FF.F.T TO A rOI NT
0.. INTERSECTION WITII 11 liON-TANGENT cunVE FnOM WIlIcn TItE RADIUS
POINT BEARS NORTII 81'21'5"" F:A~T:
'11IEt1CE NORTllo::nLY ALONG !:,.. t1> cunVF: ,COllCAVl!: r.^:;Tr-:nJ.Y, It~ V JIIG ^
RADIUS OF 95.00 FEET, ^ CElll'nAl. MICiLE OF 55'11'45" Fon ^U Anc
DIST^NCE or 91.52 FE!'. 'I'D 11 roINT OF ThtICF;tlCY:
TlIEHCE NoRTII 46'J3'39" .:1':':'1' fon A IHSThtICF. OF 50.::18 rF.!:T:
TlIENCE NOR'111 2J' 04' 44" EAST FOR To UlS-rhtICE or 45,75 FF.ET TO 11 rollIT
OF CURVATUME:
TllEtlCE NORTIIERLY ALONG S1',IO CURV:::, CONCAVE WESTERI.Y, 1t1lVIN~ A
RADIUS OF 15.00 FEET, A cEtrrnAL ANGLE OF 55'27'lti" FOR AN ARC
DISTI\1'ICE OF 14.52 FEET TO A roUlT OF T^NGENCY:
'111ENCE NORTII 32'22'33" HES"r .'OR 1\ l>lSTAlICE OF 37.84 FEET TO ^ ro,ltIT
OF CURVATURE:
TlIEI.':E NOR'11IERLY ^LONGSAID cunVE, cotICAVF. EASTF.R1.Y, Il1\VJt~G A
RADIUS ,or 47.00 FEET, A CENTRAL ANGLE OF 45'44'32" FORAN ARC,
DISTANCE or 37. 50 FEET TO A pOItI'r OF TI\NGEIICY:
16A8
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"ISNCS NORTH 13 019 '5'" EAST FOR A DISTANCE 0" 40.41 ..-.
TlISNCB NORon' 01"07'0." IU\ST FOR A bI8TANCF. 0.. '3.53 ....
TIIDCI NORTH 15":JI' 04" EAST FOR A bISTANCr. 0" 32.36 '-.
TlIINCI HORTIl 05" 44 '41. II\ST FOR A lUSTMlCROF 27.52....'
TlIINCE HORnI 02" 52 ' 11. EAST FORA b1STNlCI or :t5" 97 F.'
TlllNeE HORTII 3'"47'02. EAST FOR ^ VISTNICE OF 2l.04n:r:r,
TlIDeE HORnI 77"40'0'. EAST FOR.A UISTNlCE OF 11.92 I"EI:'!"
TlIINC! HORTII ""I:' "4'" El\ST FOR A bISTAHC! OF 16.57 "I:'!',
TlIDC! NORTII 71" 111 J. 5" El\STFOR A IU STNICE OF .." Fr.r:t.' ,
TlllNeE NOR"IT. 21"U'47. F.AST FOR A UISTANeE OF 22.9fi "1':1',
TlIINCE NORTII 22' 07' 04" El\ST FOR A UlSTNICE or 21. J7 Fr....,.;
TlIDCE HORTII 34"52'3'" F.AST FOR A IUSTAIU:" or 14.90 rr.r.",
TlIDCE HORTII 49"11' 5.. RMT FOR A UIRTANCF. OF' 11 ~ 20 F'F.In',
TlIBNC! NORTII 77" 28' 14" EAST run A U ISTAIICE OF' J1.. era Fr.', r,
TlIBNC! NORTII 15"44 '0'" ~T FOR A UlSTANCF. ur 11.47 ~n 'I'V A 1'01I1T
or CURVA'lVRB,
TlIUCB MORTIIBRLI ALORG 8Aln CURVE, CONCAVE WESTERLY, IIAVING A
RADIUS OF 23.00 F'lft, A CEtlTRAL ANGLE OF 88" !/lO' 0'" rolt AN ARC
DISTANCE OF 35.66 FElT TO A raIn OF TANGElfCY;
TlIEHCE MORTII 23"06'01" wr.sT FOR A U1STANCE 01' 32.09 Fr.ET,
TlIENCI NORTII .,"30'23" WFoST FOR AIUSTA',e!': or lfiJ.1I3 F'ttr.r TO Atl
INTERSECTION WIT11 TIlE CF.IM'F:hJ.1NJI: OF A l'ROI'OBKO noAlJ:
TlIENCE sOUTII 350,,'5'" WF..t;T M,oNG BAIU CF:IITERl.JnF. FOR A UISTAIICF
402.10 FEET TO NI INTF:R.t;F.C'rION WI111 TlIF. AFOnF.HJl:trrlOfIF:U
NORTIIEASTERLY RIGIIT-oF-WA' I.INE OF TA"IA"1 TltAlL (u.n. 41 - S.H.
90) ,
TIIENCr. sOUTII 54'22'01" F:AS'f M,oIlG SAIb IUGIIT-Of-WAY I.INF. FOR A
DISTANCE or 711.78 .'EST TO TIlE l'Ourr OF nr.GINNUIG:
CONTAINING 7.804 ACRES OF lAND. "ORI~ on loF.5!; ~
SUBJECT TO EASEIIENTS AND P.F.GTRICTIOIIS Uf' REt:ORV,
LESS AND EXCEPI' TIlE FOLl,owltlC .1HrAt.'TEV rAItCELS tlO, I, 2, , J
LAND DESCRl PT ION OF l"rACTr.u rARCRI. tlO, J
A PARCEL or LAND LYING IN SECTIO., 17. TOWNSIIIP 51 SOUTII. RANGE 27
EAST, COLLIER COUNTY, FLOR I D^, 511. I D rARCF.I. OF I..AND nEIIIG ttORF.
PARTICtJlARLY DESCRIBED ~ FOLLOWS:
".
CO""SNCING AT TIlE SOUTII~AST t'onNJl:R OF 'nlF. SOUTIIWF:ST
QUARTER(GW1/4) OF SAID SEe-ftON 17: TIIP;tICF. NORTtI 00'27'2'" roAST
ALONG TilE EASTERLY LINp;. OF SAID SOUTIIW".s,' QUARTER (5Nl/4) FOR A
D1STA"Ct: OF 128.90 FF:JI:T TO All INTF.nBF:CT'OIl Wt,,' A .'.INF. rAMI,I.F.f.
WITII 'J'IIE 1I0nTIlEASTERLY RIGlrr-OF-WAY LUIF: OF 1'A"IA"1 'J"'AlI, (fI,S,
H -S. n. 90) :TlIENCE 'IOR'MI 54.11' J I" NFNc;'r AI,oNG SAJIJ r^RAIJ.F:I.
LINE FOR A bISTANCE OF 750.08 FEET: TtlF.fICF. NORTII 54'~2'01" WFN,",
COHTJtIUUIG M..oNC SAID PAlU\l.LEL LINP; FOR A DISTANCE OF 65.55 FEET
TO All IN1'r.R5ECTION WITlI TilE CENTERf,ltlF: OF All EXISTIHCROAV:
TUEtlCE sotJTIl 35'37'59" wEST AI,oNG 5AII) CF:lrrERI.1t'E raR ^ VIS1'AtlCF:
OF 400.00 FEET TO AN ltITERSECTI0N wn'lI SAID NOhTIIF.ASTP;RLY
RIGIIT-OF-WAY LINE: TlIEJlCE NonTII 54.22' 01" W&'JT ALOrlC SAID
NOR'I1'EASTERLY RIGIIT-Ol'-1fAY LItlE FOR A D1STAtlCr. OF J4:l2.50 Ff:E'r;
TlIINCE LEAVING SAID NORTIIEASTERLY RIGIIT-Or-WAY LUIE IIrnrru
35037'59" EAST FOR ADISTAtlCF: OF 21.00FF:F:T TO TIfF. I'DI,", OF
BEGINNING OF TIlE IIEREIN DESCRIBED J"rACTED I'ARCEL 110, 1;
I . . .
THENCE NoRTII 45"29'55" WES'!' FOR A DISTANCE OF 28.57 FEET;
TlIENCE HORTII5' "IS ' 28" NEST FOR A DISTANCE OF 27.58 FEET TO A
POINT 0" CURVA'111IUU
THENCE NORTIIWESTERLY ALUtlG SAID CtJRVr.. c..'ONCAVE NOhTIIEAs'rERLY.
Jill. VING A RADIUS OF 23, 00 FEET. II. CErfTJU\LANGLE 0.. J4' 42 ' 12" FOR
AN ARC DISTANCE OF lJ. 9J FEET '1'0 A POI NT OF TANGENCY:
TlIINCE NORTI' 24' 33' U" WEST FOR A .DISTAtlCF. 0.. ~,.22 FEF:T,
TlIEnCENORTlJ 61'56'37" WEST FORA DISTAtlCEor 16.46 FEET:
TIIENCE NORTII 74'50'0'" WEST FOR A DISTA:ICF. OF 9.32rr.ET:
TlIENCE sOU'MJ72' 53' Ofi" WEST FOR A OlSTAIICF. OF 24.11 FEF:T TO 1\
POINT 0" CURVATURE;
TI1ENCEWESTERLYALUNG SAID CURVE. CONCAVE .~;\)RTlIF:RL't, HAVING A
RAt'IUS OF 3a.OOFEET. A t:EtITRAL MJGLl:O... 44.50'07" FOR All ARC
DISTANCEOF29.ezFEf;T TO A POINT or INTERSECTION WITlI A
NON-TANGENT LIHE' . ..
TIIEHeE NORTlI 43~53'15" WEST FOR A DISTANCE OF 20;HFEF:T TO A
. POINTOFINTERSECTIOH WITIIA HON-TANGENT CURVE FROt' WIIIClI TIlE
RADIUS-POINT BEARS NORTII 73'47'5fi" EAST:
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-nIPes NORTIIIRL~ ALONG SAID CURVE, CONCAVE USTIRL.t, IIAV_ A
RADIUS or 34.00 FlIT, A CENTRAL NIGLE or 50'03 '22- FOR MI. MIC
DISTANCE -or 20.n rllT TO A ralNT or TMGINCl;
,,;INCI NORTlI 33'51 'IS. lAST FOR A DISTANCE or 17 .'0 rlftWA
POINT or IllTlRSZCTION WI'ft1 A IIOII-TANGENT CURYK FROM WIIICII TIlE
RADIUS POINT BIARS NORTII 42.41 '04. WEST:
"IEIICB NORTIIIASTBRLY ALONe SAID CURVI, COIICAVF. NOIt'nIWESTIRLT.
IlAYING A RADIU8 or 106.00 FEET, ,., CF.trrnAL A"GloE or 18.02'40" FOR
All ARC DISTANCE or 33.38 FEET TO A POurr or TANGENCY 1
TllSNCB NORTII 2"11'15. EAST FOR A DISTAIICE or 18.23 FElT TO A
POINT or CURVATUU,
TIlBHCI NORTIllASTBRLI ALONG SAlVi CURVE, CONCAVI SOU'I1lrJ\STIRLY,
JlAVING A RADIUS or 73.00 FEET, A CEN'I'ItAL ANGLE or 17'12'40" FOR
All ARC DISTANCE or 21. n FIET TO A POlIrr or urrERSKt:TION WITtI A
NOH-TANGENT LlNII
"I.DfCB NORTII 32.07'30. KART FOR A DISTAtlCI or 54.13 rIft TO A
POINT or INTZRBICTION WI111 A IION-TANGr.NT CURVI rROH WIIIClI mE
RADIUS POINT BIARS 80UT11 07'OG'14" FJ\n:
TlIENCE KASTERLY AlDNG SAID CUMVE, COtlCAVF. Sotrl'lIERI.y, IIAVJNe: A
Ri\DJUS or 2'.00 rBET, A CEN'l'RAL AtlGLE OF 52' 4:1 ' 03" FOR AtI ARC
VISTANCS or 25.76 nET TO A roU" OF TAtlGF.tICY:
TlIENCI SOUTII 44'23'10. EAST FOR A VlnTAtICF. OF 9.5R Fr.r.t':
TlI....CS SOUTII 30'4!5':l7" EAST FOR A VlSTAtlCE or 18.94 FEET TO A
1'01NT or CURVATUIUU
TlllNCI 80UTIlIASTIRLY AI..uItG SAIV CUIlVF.. l.'OtICAVE tlUJrrlIMfrrF.RI.Y, ,
IlAVING A RADIUS OF 50.00 FEET, A CEtlTI~I\I. ANGLP: OF :J3' 09' UtI FOR
AN ARC DISTANCE OF 28.93 FF.E'r TO A ruUIT OF TANGEtlCY;
TUENCE SOUTII "'54'53. RA" FOR A DJ5TAtlCF. OF 64.75 F'EE'r TO A
I'OINT or CURVATURE;
TUENCE SOUTIlEASTERL! AlNNG SAID cunvF., COtlCAVE SOU'I'IIWE.\';TF.IU.Y.
I!AVING A RADIUS OF 85.00 FEET, A cEtrrML AtlGLE OF 50'53'59" FOR
AN ARC DISTANCE OF 87.:1 0 FEET TO A rolllT OF CO"POutm CURVATURE;
'I'IIENCE SOUTUERLY AWNG SA tlJ CURVr., CotICAVF. WF_O;Tr.nLY. UAV UU; A
RADIUJ; or 75.00 nET, A Cr.tITRAI. AUGI,F. OF 2D'S4';n"FOR htJ ARC
DISTANCE or 37.... nr.r ''0 A roltn' OF TAtlGF.tlCY: .
TUINCE SOUTtI 23'53'"'' NF.sT FUR A IHt:;TANCF: OF "ro.n) FF.F.'J':
'T1IE1tCE SOUTtI 28' 24' 31" NEST FOR A DlSThtJCr. OF 31.!i5 FEET TO h
POINT OF CURV,\TURE;
TlIENCE WESTERLY ALONG SAIl> CURVE, COtlChVF. tIORTIIERLY. UAVUIG A
RADIUS or 12.00 FEET, A CENTRAL A"GI,Y, OF 111-19'OS" FOR AN ARC
VISTA"CE OF 2 J. 31 rr.r.r TO A rolNT OF ThtlGF.NCY:
TIiENCE NORTIt "0' 16 ' 2 4" WF:ST FOR A I)J n'l'htlCF. Of' ] (; .:m f'F.F."I':
TIIENCE NORTII 64 -47' 50" WES" FOR A V.ls'rhtlCF. OF '-9.2'1 FF.F."r 1'0 'J'UF.
POINT or BEGINNING:
CONTAINING 0.791 ACRr.S or LAND, "ORY. OR I~SS.
SUD.JECT '1-0 EASDlENTS AIID RESTRICTIOtlS OF RECORI>.
LI\IID DESrRIF1'ION OF 1 "rACTIl' PARCEL 110. 2
A PARCEL 0." LAND LYING Itl SECTION 17, 1-oWtlSIUr 51 SOU'J'Il, RhtIGF. 2'1
EAST, COLLIER COUNTY, FLORIDA, SAIl> rARCF:J. OF I.1\NI> DEItIG "ORE
PI\RTICULARLY DEBCRIIIED AS FOLLOWS:
COMENCING AT "11 SC'l1'l'JlEAST COR1JER Of '1'II!,; SOUTIIWEST
QUARTER(SW1/4) or SUD SECTION 17: TIIF:1JCE tlolrl'lI 00'27'26" EAST
ALONG 'I'IIE EASTERLYJ.!tJE OF SAIl) SOU1'IIWF:ST QUAR'l'ER (SWI/4) FOR A
))ISTANCI OF 128.90 J'EF:T TO ,AN INTF.RSF.CTIOtl WITlI A LItlE PARALLEl.
WITII TIlE tlORTIIEhSTEJ'LY RIGII'r-OF-Wl'.Y LItJF. OF TA"lA"1 "RAI L (U. S.
41 -S.R. 90)1 TlIEHCI.: UORTlI54-U'31" WF_">T ALONG SAID PARALLEL
LINE FOR A DISTANCE OF 750.08 FEET; TIJENCE NORTII 54' 22' 01-W".sT
CONTINUING ALONG SA] 0 PhRALl,F.L l,ltlr. "OR A III STANCE OF 65.55 FEET
TO AN INTERSECTION "'IT11 "111 CEU'J'ERLINE Of ^t1 !:XlS'l'ItIG ROAD: .
TlIENCE SOU'J'JI 35'37'59. WE~T ALONG SAID CElrrERLINr. FOR A DISTANCE
OF 400,00 FEET TO AN INTF.RSECTION WI"I SAID NOR"IF.A5TERLY
RIGIIT-OF-MA' LINE' TIIENCE NaRnl 54'22'01" WEST ALOI1G 81\10
NORTIlEASTERL.Y RIGIIT-OF-WAY LItlE FOR A DISTAIICE or 1630.77 FEET ,-0
AN IUTF.RSECTION mnl TilE CEtITERLItIF. OF A rnoroSEO ROAU, "UEtICE
tlORTII 35 - 37' 59" EAST ALOtlG SAID CENTERLIIIF. FOR A DISTAtlCE .OF
286.60 FEF.T: TlIEH\:!: ~AVING ShIDCENTERLUlE SOUTII 5"'22'01" EAST
FOR A DISTANCE or 14 . 05 FEET TO TilE POlIlT OFDEGIIlNlIIG OF TIlE
IIEREIN DESCRIBED J"PAC'I'ED PARCEL 110. 2:
"
TlIENCE HORTH 51'06'2.,. EAST'FOR A DISTANCE OF '10.29 FEET:
TUEtICE NORTH "'58'05. EAST FOR A DISTl\ltCE .,)F 10_65 FEET: .
Tllt:NCE HOR"1 37-25'31" EAST FOR A OISTAlICE UF 17.42 FEET TO.A
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POIin' or INTERSECTION WITlI A NON-TANGrJM' CURVE FROM WlIIClI TIlE
RADIUS POINT BBARB SOU1'II 59. 33 . 44" EAST :
TIIINCI NORTIIEASTERLY ALOHG SAID CURVE, corlCAVE SWMIEASTr.Rl.Y,
IIAVING ^ RADIUS or 31.00 FEET, A CEIITRAI, APGloF. OF 47.41'54" fOR
AH ARC DI8TANCB OF 25.82 rF:ET TO A ron", or TAIlGRlIC II I
THENCE NORTII "'09'10" EAST FOR A UlSTA"CE or 18.59 ru:r 'I'U A
POI1ft' or CURVA'l'URI,
TlIPCB BASTBRLY Al.OIIO SAID CURVE, CONCAVE SOUTJIERI,Y, IIAVING A
RADIUS or '1.00 FEET, A CENTRAL ANGLE or 20.27'27" fOR AN ARC
DISTANCE OF 32.49 rEET TO A I'OIIrr .or TANGF.NCY:
TlIBNCE NORTII II '''' 37" EAST FOR A DIGTAtlCE OF "9.5::1 rEin' TO A
POIin' or CURVATURI, I
TlIDC! NORTIlEA5TERLY ALOIIG SAlU CURVI, CONCAVF: tlORTIIHI'.RTP:RI,',
JlAVIHG A RADIUS or 22.00 rEET, A c,.JITRAI, AtlGI..E or 55."'20" POR ;'.,
"N ARC DISTANCI or 21.37 FEET 'J'O A roll"' or RF.VF.RSF. CURVATURE:
TlIINCE NORTIIEASTlRLY ALOIIG SAlll CURVE, cotICAVF: SOUTIII'.A';TF.RLY,
IIAYING A RADIUS or 53.00 FEET, A CF:tITRA" AIIGloP: or ::10.43'34" FOR
All ARC DISTANCE 01' 28."" FEET. Tt, A ronrr or l:U"roUIlU t.'UNVATURP::
TlIENCE EASTERLY ALONG RAID CURVE, COIICAVF: GOUT1IF:RI.Y, IIAVItIG A
RADIUS or 81.00 FEET, A CF.ltTnAL ANGII. OF 55.1:J'" 6" ,.UR All ARC
DISTANCE OF 84.83 FEET TO 1\ POUlT OF JlrrERSEC'I'lotl HI111 A
NOH-TANCENT LINE:
TIIENCE SOUTII .'.51' 55" EAST FOR 1\ DISTANCF: or 2'. 7J rr.ET '1'0 A
roINT or INTERSECTION WITlI A NOII-TANGF.N1' t."\JPVE FnOft HIIIClI TIlE
RADIUS POINT Br..ARS .C'UTlI 10.43 '0'" EAS"r:
TlIE"CE EASTERLY ALONG SAID CURVE, COIlCAVr: f;OIM'IlEnl,Y, tlI\YJlIG A
MOl US OF 168.00 FEET, A CF:llTRAL AHGloE C'F \4' 3ft' Oft" raR All ARC
DISTANCE OF 42.12 rEET TO A 1'01NT OF TMIGF:tlCY:
.nIEIICE sol1'J'll 86.07'02" E1\ST FOR A UJS'r1\IICE UF )4.71) rEF.'I' '1'0 A
POINT or CURVATURE:
TIIENCE SoUTJIEASTERLY AI..oIIG SAID CURVE, COHCAVF. SOU'J'IlWESTF.RI,Y,
IIAVING 1\ MDIUS OF 10.00 FF:r.T, A cEtrrlU\L AtlGI.F. OF 9.).05'12" FOR
AH ARC UISTAHCE OF 16.25 FF.r.T TO A ronn' OF TANGFJICY:
TIIENCF. ROUTt: 06.58'20" WF:RT FOR A "'"TAUeF. OF ",111 FF:I':T To A
" POINT o!' CURV1\TURE:
TIIENCF. SOUTIIWESTERLY M..oHG SAID CURVF., COIICAVF. IIUlfI'IIWr.STF.RLY,
IlAVING A MUIUS or 27.00 ,.EET. A CEtlTML AIIGI,E OF fiR059'28" FOR
AN ARC DISTAtlCE or 32.51 FEET TO A POUlT OF 'fMIGF.IICY:
TIlENCE SOUTJI 75.57 '47" WEST FOR A I>1STAHCF: OF 17. 11 FEI':T:
TlltNC! NoRTII 85. 16 '00" wr.sT FOR A IJI flTAIICE OF J4. I Ii rp:ln':
11IENCF: soUTII '17.05'02" WEST FOR A UlSTAIICF: OF II1.n'- FEET TO A
roINT OF INTERSEC'rIOll WITII A Il01l-TArlGF.11T c."URVF. FPUft HIIICII ,'IE
MDIUS POINT BEARS SOUTII 22025'55" F.AST:
TIIENCF. SOUT'IWf,:STERLY AI,oNG S1\II' CURVE, COHCAVF. SOU'I1IF.ASTF.RI.V,
IIAVING A MDIUS OF 64.00 FE", A CEln-RM, A"CLF. OF 59005'28" FOil
AN ARC DISTANCE OF 66.0.\ FEET TO A rolllT OF TANGF.tlCY:
TIlENCE SOUTJl08.28'37" WEST FOR A UIs'rAIICF. OF "G.22 rE1.T TU A
rolNT OF CURVA'l'URF.I
1'IIE"CE SOUTIIWESTEnLY 1\LONG SAID CUItVF:, t."OIIC1\VJl: tlOR'rIlHESTERI,Y,
IIAVING A RAUIUS -Or 35,00 FEET, A CENTRAL A"GJ..E OF :lll051'04" FOR
AN 1\RC DISTANCE or 23. 73 FEET TO A roUIT OF co"roullU CURVA,'URE:
TIIENCE WESTERLY 1\IONG S1\IU CURVE, C.'OHCAVF; I~OR'J1IF:RI,Y, IIAVI"G ^
RADIUS OF 100. oorEE'l',A CEltTMI, MtGLEOf' 54.17' 05" FOR A" 1\RC
DIsTANCE Or 94 .75 FEET TO A roIlIT OF COHroUtlU CURVATUnF.:
TIIENCE NoRTlfWESTERLY AWHG S1\IU CURVE, cot~CAVE I~OR'J'IIf'J\S'l'ERI,Y,
JlAVING ^ MOIUS or 212.00 FEET, A CEHTRALANG1,E OF ]4.29'51" FOR
AN IoRCDISTI\NCE 0,.' 127. 64 FEET TO 1\POll11' OF COHroUIID CURVATURE:
TIIEIICE tlORTIIERLY ,'\LONG SAID CURVr., CO:ICAVE F.J\STERLY, fl1\VING A
RADIUS OF 14.00 FEET. A CENTRAL 1\tlGLE OF 94'59'48" TOR 1\N ARC
DISTANCE or 23.21 FEET 'I'C' TilE CURVE'S E'ID, MID TilE rollfr OF
BEGINNING:
CONTAINING 0.746 ACRES OF LJ\JfD, "ORE OR LESS.
SUBJECT TO EA5Ettl".NTS 1\ND RESTRICTIONS OF RECORD.
LAND DESC."RI P'rION OF I"PAC.-rEU r1\RCEL tlO. 3
A PARCEL OF LAJID LYIHG IN SF.CTI0N 17, TOWJlSIIIP 51S0UTJI, RANGE 27
EAST, COLLIEP. COUNTY., FLORID1\, SAIl) PARCEL or 1.J\IIDDEIIIG "ORE
PARTlCULARL1 DESCRIBED 1\S FOLLOWS:
COMHENCIHGAT TIIE'SOUTIIEAST .CORNEROF TilE SOUTHWEST QU1\RTER
(5Wl/4 ) OF SAID SECTIOtl 17: TlIEIICENORTII 00.27' 26" EAST ALOtlG TIlE
EASTERLY LINE OF SAID SOUTIIWESTQUJ\RTER (SWI/") FOR A 'DISTANCE OF
2690.08 .FEET TO AN ItfTERSECTION tUTII 'l'IIE HORTIIERI..Y J..1I1E OF SJ\ID
SOUTIIWEST QUARTER (SW1/4) : TllEIICF. tIORTII88.56':Jl" WF'.5T 1\1,ollG SAIIl
,.-- ......._ . .1 6 A 8
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lluog;JDL! LID roll A DISTAlfCZ or 1323.21 ra:r '1'0 All IJI'l'BRSBC'I'IW
WI'1'II '.I'D ns'J'lllLY LID o~ !'III DB'I' RAIl (Kl/2) or SAID 80D'1'11D8'1'
QUAR"I'D (8W1,I4)' '1'IIDCK 80U'1'8 oo.u'n. D8'1' ALOIIG SAID "ADTIKLY
LID roll A DISTAIICB or 1162.15 FD'l" 'J'DIfCB IIOIl'1'II ".30'23. 1IBft
J"OR A DII'1'AlfCZ or 231.13 Rft, 'l'HENCZ SOO'fII 00'2"37. IIU'1' I'OJl A
DI8'.fAIICZ or 11.01 rD'I' '1'0 '1'HB fOlllT or UGIlOIlIIl: or '1'11II JIEItUIf
DBBCRIBID DIPACDD naca. 110. 31
'J'IIBlfCB 8OU'1'II 77......01. DB'I' roB A DII'1'AJfC3 or 11.50 rarr,
TBBIfCZ 8OU'1'II 5"30'5'. IAS'I roll A DIS'l'AJfC3 or 14.'6 1'D'l',
TBBIfCZ 1I01tTB 15.41'55. IAn' lOll A DII'1'A11C2 or 3'.17 I'D'l' 'l'O A
poUT or DlTDSKCTIC* 1fI'J'II A JIOI'-T.MCDII'I' CUIlft PIal nICB 'DIB
RADIU8 fOIII'l' 8BAR8 8OU'l'II 41. 56 · 55. 1IDT,
'1'JIBIIICZ SOU'I'IIBAS'l'D'I ALOIIQ SAID CU1lV8, CONCA911 8uvl.....ATSkLT,
JlAVDfG A MD1V8 or 57.00 l'D'l', A CBII'I'RAL ARGI.& or 42.3"0'. lOll
AIf ARC DISTAlfCB or 42.43 l'D'l' TO A POI1ft' or QMPOUlID aJRVA'l'OU,
'l'BBIfC8 SOU'J'IIDLY ALOIIG BAlD CURVB, COIICA911 1fBS'1'DL'I, RAVIJIQ A
RADX08 or 154.00 l'BB'1', A cmrntAL AltGI.& or 45.17' 52. roll All AIle
DISTAIICB or 121.75 rD'l' TO A POI1ft' or CCIIIPOUIID CURVA'l'DIIB,
TBBIICZ WBSTDLY AIDItG SAID' CURVIl, OOIfCA911 NORl'IIDLY, JlAVIJIQ A
R1d)IU8 or 12.95 FBB'l', A CDTRAL AJfGI.& or ".30''''. lOR All ARC
DISTAIICZ or ".37 ra:r '1'0 A POIft or 'l'AIIGDCI"
TBDCB JIOM'II 70.35'1'. WBft' lOll A D18'1'AIKS or 2'.74 rD'l' 'l'O A
PODft' or CUR\'A'.ruRlU
'1'HEIfCS JIOId'IPI_~ALY ALOIIG SAID CURVE, CQlfCA911 JeQ1l'J'IIBAS'1,
JlAVDfG A JtAD1V8 OP 61.00 rD'l', A CBII'1'RAL AIfGI.& OP ".06.... rea
All ARC DIB'l'AIICS or 70.31 PBB'I' 'l'O A POIft or 'l'AIIGIDfCI,
'l"IIDca IfOR7II 04.21 '20. WB8'1' J"OR A DIB'l'AIICB or ....76 rarr,
'l'llDfC8 ..ORB 01.42' 07- IAS'I rail A DI8'I'AIK:B or 1'.27 PD'1',
'1'IIBIJC8 JJOR1'II 01.42' 02- IAS'I rea A DI8'I'AIK:B or 1'.75 l'D'l' '1'0 A
POIJI'I' OP CUR9A'1'UIII:'
'J'IIDIC8 IIOJlTIIBA8'1'B ALOIlG SAXD CUR9B, COIICA911 8ClIU'.l'IIBA8T,
JlAVDfG A RADIUS or'19.fl PD'l', A c:BII'I."RAL AIIGLIl or 51.4.'41- lOll
All pc DIS'l'AIfCB OP 20.11 PBB'I' 'l'O A POIft OP 'DIIGBIICI'
'1'IIDCB IfOR'I'II 67.30' U - IAS'I I"OR A DISTAIICB or 15.04 PD'l"
TBBIICZ SOU'l'B ".4"0'- IAS'I rea A DISTAIICB OP 25.88 FD'l"
'1'IIDCB JKlIRl'B II. 21 'Of'!, IAS'I lOIl'A D18'1'A11CS OP U..... PBB'I' '1'0 '1'D
POIJI'I' or IIBGDIJIDI8,
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1Ift;,,'..... _ ......f8 ..... 11, 5.651 ACRII8.
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aJ.tl';:~ IMG. nu 110. 4307
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16A8
EXHIBIT MAM
SHEET 7 OF B
A VBSMT2002-AR3244
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i i iiilii iiiiiiiiiiiiii iiiil ii inii
lUllIJ:2mmmmummmn
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i i i ii iiiiiliiiii iiiiliiiiiiii i I iii
11:n;:I:mum::mum:::m: ,
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EXHIBIT "A"
SHEET 8 OF 8
A VESMTlOO2-AR3244
16A8
, ,.
.-
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~ III !1
II' ! !. '1:1
I.!!!!'.
I
I
. I :
.
.
,
~
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"
"
'.
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..
...
."
.~
".
I" .
. ~ I POOR QUA:ITY ~RIGINAL II
s.
Prepared by and return to :
Donald A. Pickworth, P.A.
5150 Tamiami Trail N.
Suite 502
Naples, Florida 34103
OR: 3501 PG: 0342
16A8
EXHffilT "B"
SHEET I OF 6
A VESMT2002-AR3244
Conservation Easement
This Conservation Easement ("Easement") is granted this '''1l'Hday of /fIt, tlS,r ,
2002 by Naples Golf Development, LLC, a Michigan limited liability company(the "Grantor")
to the Board of County Commissioners of Collier County, Florida (the "Grantee") whose
mailing address is 3301 Tamiami Trail East, Naples, Florida 34112.
[Wherever used herein, the terms "Grantor" and "Grantee" include all the parties to this
transaction, and their respective successors and assigns.]
WITNESSETH
Whereas, Grantor is the Grantor of a certain Conservation Easement dated April 14,
1994 (the" 1994 Conservation Easement") recorded at OR Book 1947, Pages 429 through
436, inclusive, which grants a Conservation Easement over certain lands (the" 1994 Easement
Property") in Collier County, Florida more particularly described in the 1994 Conservation
Easement; and,
Whereas, Grantor is the owner in fee simple of the 1994 Easement Property and the
Easement Property to be conveyed by this grant; and,
Whereas, Grantor has requested Grantee to release the 1994 Easement Property from
the 1994 Conservation Easement, and thereby extinguish the 1994 Conservation Easement;
and,
Whereas, Grantor desires to grant to Grantee a Conservation Easement over the lands
described herein (the "Easement Property") in exchange for the release of the 1994
Conservation Easement.
NOW THEREFORE, Grantor, for and in consideration of the sum of $10.00 and other
good and valuable consideration, including the release and extinguishment of the 1994
Conservation Easement, the receipt and sufficiency of which are hereby acknowledged, does
hereby grant and conyey an Easement in accordance with the terms hereof over the following
Page 1 of 5
OR: 3501 PG: 0343
16A8
...
described lands in Collier County, Florida:
See Exhibit A attached
EXHIBIT "8"
SHEET 2 OF 6
A VESMTIOO2-AR3244
SUBJECT TO THE FOLLOWING RESTRICTIONS AND COVENANTS:
Scope of the Easement:
1. It is the purpose of this Conservation Easement to retain land or water areas in their
natural, vegetative, hydrologic, scenic, open, agricultural, or wooded condition and to retain
such areas as suitable habitat for fish, plants or wildlife. Those wetland and/or upland areas
included in this Conservation Easement which are to be enhanced or created pursuant to a
permit (the "Permit") from the South Florida Water Management District (the "District") shall
be retained and maintained in the enhanced or created conditions required by the Permit.
To carry out this purpose, the following rights are conveyed to Grantee by this
easement:
a. To enter upon the Easement Property at reasonable times with any
necessary equipment or vehicles to enforce the rights herein granted in a manner that will not
unreasonably interfere with-the use and quite enjoyment of the Easement Property by Grantor
at the time of such entry; and
b. To enjoin any activity on or use of the Easement Property that is
inconsistent with this Conservation Easement and to enforce the restoration of such areas or
features of the Easement Property that may be damaged by any inconsistent activity or use.
2. Except for restoration, creation, enhancement, maintenance and monitoring
actiyities, or surface water management improvements, which are permitted or required by the
Permit, the following activities are prohibited in or on the Easement Property:
a. Construction or placing of building, roads, signs, billboards or other
advertising, utilities, or other structures on or above the ground;
b. Dumping or placing of soil or other substance or material as landfill, or
dumping or placing of trash, waste, or unsightly or offensive materials;
c. Removal or destruction of trees, shrubs, or other vegetation, except for
the removal of exotic or nuisance vegetation in accordance with a District approved
maintenance plan;
d. Excayation, dredging, or removal of loam, peat, gravel, soil, rock, or
other material substance in such manner as to affect the surface;
Page 2 of 5
~'~6A8
1 ,
EXHIBIT "B" ",', ,: A ' ~
SHEET 3 OF 6 \\."
A VESMT2002-AR3244
e. Surface use except for purposes that permit the land or water area to
remain in its natural condition;
'~
f. Activities detrimental to drainage, flood control, water conservation,
erosion control, soil conseryation, or fish and wildlife habitat preservation including, but not
limited to ditching, diking, and fencing;
g. Acts or uses detrimental to such aforementioned retention of land or
water areas;
h. Acts or uses which are detrimental to the preservation of any features or
aspects of the Ea~.~ment Property having historical or archaeological significance.
3. Grantor reserves all rights as owner of the Easement Property, including the
right to engage in uses of the Easement Property that are not prohibited herein and which are
not inconsistent with any District rule, criteria, permit and the intent and purposes of this
Conservation Easement.
4. No right of access by the general public to any portion of the Easement Property
is conveyed by this Conservation Easement.
5. Grantee shall not be responsible for any costs or liabilities related to the
operation, upkeep or maintenance of the Easement Property.
6. Grantor shall pay any and all real property taxes and assessments levied by
competent authority on the Easement Property.
c::::>
~
7. Any costs incurred in enforcing, judicially or otherwise, the terms, provisions
and restrictions of this Conservation Easement shall be borne by and recoverable against the
non-prevailing party in such proceedings.
c.......:>
c....n
c:::>
..........
~
G"'l
8. Enforcement of the terms, provisions and restrictions of this Conservation
Easement shall be at the reasonable discretion of Grantee, and any forbearance on behalf of
Grantee to exercise its rights hereunder in the event of any breach hereof by Grantor, shall not
be deemed or construed to be a waiver of Grantee's rights hereunder,
c:::>
- c.......:>
~
~
9. Grantee will hold this Conservation Easement exclusively for conservation
purposes. Grantee will not assign its rights and obligations under this Conservation Easement
except to another organization qualified to hold such interests under the applicable state laws.
10. If any provision of this Conservation Easement or the application thereof to any
person or circumstances is found to be invalid, the remainder of the provisions of this
Conservation Easement shall not be effected thereby, as long as the purpose of the
Page 3 of 5
1 (/ '-, ')
f;-"'i' 8-1\ )' '\
y u (0
Conservation Easement is preserved.
EXHIBIT "B"
SHEET 4 OF 6
A VESMT2002-AR3244
11. Grantor shall insert the terms and restrictions of this Conservation Easement in
any subsequent deed or other legal instrument by which Grantor divests itself of any interest in
the Easement Property.
12. All notices, consents, approvals or other communications hereunder shall be in
writing and shall be deemed property given if sent by United States certified mail, return
receipt requested, addressed to the appropriate party or successor-in-interest.
13. This Conservation Easement may be amended, altered, released or revoked only
by written agree~ent between the parties hereto or their heirs, assigns of successors-in-
interest, which shall be filed in the public records in Collier County,
TO HAVE AND TO HOLD unto Grantee forever. The covenants, terms conditions
,
restrictions and purpose imposed with this Conservation Easement shall be binding upon
Grantor, and shall continue as a seryitude running in perpetuity with Easement Property,
Grantor hereby covenants with said Grantee that Grantor is lawfully seized of said
Easement Property in fee simple; that the Easement Property is free and clear of all
encumbrances that are inconsistent with the terms of this Conservation Easement and all
mortgages have been joined or subordinated; that Grantor has good right and lawful authority
to convey this Conservation Easement; and that it hereby fully warrants and defends the title to
the Conservation Easement hereby conveyed against the lawful claims of all persons
whomsoever.
c:::>
:x::J
IN WITNESS WHEREOF, Naples Golf Development, LLC has hereunto set its
authorized hand this J!f!!day of August, 2002.
<.A.l
(..TI
<::>
.........
Signed, sealed and delivered in
our presence as witnesses:
Naples Golf Development LLC
By: ~~~
Managing Member
~
~
~~~
Signature of Witness
- <::>
<.A.l
..r::=.
(..TI
P~T~/f. c. Clt88,f
Printed name of witness
P.JvJ.l ~
Signature of wItness
:R.fVl€f ~eec~
Page 4 of 5
16A8
Printed name of witness
STATE OF MICHIGAN
COUNTY OF tMKf"ANO
EXHIBIT "B"
SHEET 5 OF 6
A VESMTIOO2-AR3244
I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State
aforesaid and in the County aforesaid to take aclrn the foregoing instrument was
acknowledged before me by Wayne Wallrich, ho is ersona to m -r~
_..w..__...._.-
WlTNES$ my hand and official seal in the County and State last aforesaid this I-fNI day
of /fU,"~]'-,iOO2.
My Commission expires:
;tift( ).l.I.I~t:>i)V
,fJ$ c, ~
PETER C CUBBA
Notary Public Notary Public, Oakland County, MI
Typed, printed or stam~~S~~C\9~~fbmJl4
c:::>
::;:tjI
(.....:>
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c::>
.........
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Page 5 of 5
,
S 8"30'g3~
8'2.02
EXHIBIT "8" ~ 6 A 8
SHEET 6 OF 6
A VESMTIOO2- 2
S 4 'U'53"'W
_II'
s 6cr25"1t"E
41.33'
5 Z,." 'J 1"W
14aA2
IIWUD ,/URISDlC1IOtW. UNI
PRESERVE AREA
, 1"24'53"W
"..17'
+=
+=
+:
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~
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c::>
'-
,
"
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~
--'
c::>
Lr)
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'"
"
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GRAPHIC
,
.....
.....
,
,
SCALE ,
'.
.....
'00 200
I I
'"
,
+:
+:
+:
200 0
~
"
.......
N 00'27'21"E
, 28.10'
rASlERLY UNE
SOUtHWEST 1/4
( IN FEET )
1 INCH - 200"..
SOUTH LINE SOUTHWESr QUARTER
-"_OO-"(sw"ii4>"SECOOH-'7,"Ti,S:-Ri7i---"-'--
P,O,C.
ConltfYOUon Eo._....t
A poreal of lond 1)'In, In Section 17, Townlhlp 0' South, Ranp Z7 ..to
_ __ _ ---Collier County,. F'orldo oIto...beln, Q..,flGl'.t...of IlIIIdl ducrlbed In-ofllclal '.
R.cord Boak 324, Pot. 141 0' the PublIc R.cordI 0' CoIIIIr Counl,.
FIorIdo, HId perell of land .... more parllauIori~ cIeHrIHId -
foIIowI:
Commencln9 ot the Southeolt comer of the SouthwMt quart. (SW 1/4) of
Aid SlOt/on 17i thence North ocr Z1' 2'" Ealt along lhe EOIlerI~ 1In.
of 801c1 Southwe.I quarler (SW 1/4) 0 dlat_ of '28.10 f..t to an
InI.r..cUCln wIUI 0 'Ine ..00.00 f..t NortheolUrty of o. meewred ..
rl9ht 0""" to ond porallel with lhe North_tMI~ '/thl-of-wo~ line of
TomIaml Trail (US 41 - SR OO)i thenCl North 84' ". 31" WIlt a10nt .....
poroltel line 0 dI.t_ 0' 7&0.01 'e.t: tMnCI North 14' 22' O1M weet
contlnulng alonV IoIcI paraUII 11n. 0 .tClnCl of 15&.&5 feet to an
Int.r.ectlan with the centeriln. of on ..,.tln, rood: UlMca South .1lr
31' Ot" Weat a1ClnQ loId centerline a dIIItonce of 400.00 ,..t to an
Int.,uatlan with .oId NortheOll.rt~ r1ghl-of-woy ... of Tomlalnl TraI
(US 41 - SA 90): thence North 54' 22" OIM Wlel oIon9 MIl'
North_terl)' rltht-o"'-~ a d1et_. of .7~17 feet ... PoInt of
e.gln",", 0' the poroeI of land tllnlln de.....
Thenc. conllnu. North 54' 22" 01" Weel aIont eold NorUIeaetIIt~ rlaht-
of-woy 0' TomIaml TraI 0 dlelCll'lCl of 757.2f ,Ht: th_ Norlh 31'
3T 5~" Ea., 0 dlllance 0402.80 f..li th.nce South I" 3t1' 2T Eaet a
dll'oN:. 0' t1l2.02 ,..t; th.nce South 41' _ ST WIll 0 dIItonoe of
4CU5J ,..t; thence South 30' 88' &2. We.I 0 dJ.tonoe 0' 37." feet:
thenc. South 00. 25' ". Ea.t 0 dill one. 0' 41.-'3 'Ill; then. South
21' 11' n" Weat 0 dlltan. 0' 148.82 flit: thIftoe Soulh 11" 24' aJ"
Wnt a dll'once 0' 114.87 ,..t; th_e South 25' 01' 25" Weet a
dl.toncl 0' 8UIS 'eeli thllflCl North 5.' 14' ... WIlt a dlllonce o'
..2.94 ...ti thence South 47' 411' 57" WI.t 0 dlatanoe of 3.11 ,.
thllflce South 20' 43' 31" w..t 0 dlltonoe 0' 27.31 f..t; thellOl South
17. &2' 54" Eo.1 0 dla'ance 0' 41.47 f..t; thence Soulh J3" 47' ISM
EOlt a dl.I_ 0' 44.63 f.el: Ih_ South 70' 3ft 25- Eoat a
dl.tonce 0' 1..040 'eet: Ihenc. South 1r 11' 03" Eo.t a dIItanoe of
51.41 '.et: thlHlce South ;s,' 37' 5D" Weat 0 cII.tance of 130." 'eet to
the Point of 884JlnnJAt and contolnlll4~ 8.1' oore. more or I....
"fI/L"I~~6- A
SOUTHEA!T CORNER
OF' SOUTHWEST QUARTER (SW 1/4)
517 ,T:nS.R27E
.
,/~\\ f~
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, \v ~
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t
Prepared by and return to :
Donald A. Pickworth, P.A.
5150 Tamiami Trail N.
Suite 502
Naples, Florida 34103
3344057 OR: 3501 PG: 0348
RBCORDBD in OFFICIAL RBCORDS of COLLIBR COUKTY, FL
02/12/2004 at 03:14PM DWIGHT B. BROCK, CLBRK
RBC FBB 46.50
DOC-.70 .70
COPIBS 10.00
Retn:
CLBRK TO THB BOARD
INTBROFFICB 4TH FLOOR
BXT 7240
Conservation Easement
This Conservation Easement ("Easement") is granted this 11l11day of /f1l61./s,r ,
2002 by Naples Golf Development, LLC, a Michigan limited liability company(the "Grantor")
to the Board of County Commissioners of Collier County, Florida (the "Grantee") whose
mailing address is 3301 Tamiami Trail East, Naples, Florida 34112.
[Wherever used herein, the terms "Grantor" and "Grantee" include all the parties to this
transaction, and their respective successors and assigns,]
WITNESSETH
Whereas, Grantor is the Grantor of a certain Conservation Easement dated April 14,
1994 (the" 1994 Conservation Easement") recorded at OR Book 1947, Pages 429 through
436, inclusive, which grants a Conservation Easement over certain lands (the" 1994 Easement
Property") in Collier County, Florida more particularly described in the 1994 Conservation
Easement; and,
Whereas, Grantor is the owner in fee simple of the 1994 Easement Property and the
Easement Property to be conveyed by this grant; and,
Whereas, Grantor has requested Grantee to release the 1994 Easement Property from
the 1994 Conservation Easement, and thereby extinguish the 1994 Conservation Easement;
and,
Whereas, Grantor desires to grant to Grantee a Conservation Easement over the lands
described herein (the "Easement Property") in exchange for the release of the 1994
Conservation Easement.
NOW THEREFORE, Grantor, for and in consideration of the sum of $10.00 and other
good and valuable consideration, including the release and extinguishment of the 1994
Conservation Easement, the receipt and sufficiency of which are hereby acknowledged, does
hereby grant and convey an Easement in accordance with the terms hereof over the following
Page 1 of 5
OR: 3501 PG: 0349
16A8
described lands in Collier County, Florida:
See Exhibit A attached
SUBJECT TO THE FOLLOWING RESTRICTIONS AND COVENANTS:
Scope of the Easement:
1. It is the purpose of this Conservation Easement to retain land or water areas in their
natural, vegetative, hydrologic, scenic, open, agricultural, or wooded condition and to retain
such areas as suitable habitat for fish, plants or wildlife, Those wetland and/or upland areas
included in this Conservation Easement which are to be enhanced or created pursuant to a
permit (the "Permit") from the South Florida Water Management District (the "District") shall
be retained and maintained in the enhanced or created conditions required by the Permit.
To carry out this purpose, the following rights are conveyed to Grantee by this
easement:
a, To enter upon the Easement Property at reasonable times with any
necessary equipment or vehicles to enforce the rights herein granted in a manner that will not
unreasonably interfere with the use and quite enjoyment of the Easement Property by Grantor
at the time of such entry; and
b, To enjoin any activity on or use of the Easement Property that is
inconsistent with this Conservation Easement and to enforce the restoration of such areas or
features of the Easement Property that may be damaged by any inconsistent activity or use.
2. Except for restoration, creation, enhancement, maintenance and monitoring
activities, or surface water management improvements, which are permitted or required by the
Permit, the following activities are prohibited in or on the Easement Property:
a. Construction or placing of building, roads, signs, billboards or other
advertising, utilities, or other structures on or above the ground;
b. Dumping or placing of soil or other substance or material as landfill, or
dumping or placing of trash, waste, or unsightly or offensive materials;
c. Removal or destruction of trees, shrubs, or other vegetation, except for
the removal of exotic or nuisance vegetation in accordance with a District approved
maintenance plan;
d. Excavation, dredging, or removal of loam, peat, gravel, soil, rock, or
other material substance in such manner as to affect the surface;
Page 2 of 5
OR: 3501 PG: 0350
J,6A 8
e. Surface use except for purposes that permit the land or water area to
remain in its natural condition;
f. Activities detrimental to drainage, flood control, water conservation,
erosion control, soil conservation, or fish and wildlife habitat preservation including, but not
limited to ditching, diking, and fencing;
g, Acts or uses detrimental to such aforementioned retention of land or
water areas;
h, Acts or uses which are detrimental to the preservation of any features or
aspects of the Easement Property having historical or archaeological significance.
3. Grantor reserves all rights as owner of the Easement Property, including the
right to engage in uses of the Easement Property that are not prohibited herein and which are
not inconsistent with any District rule, criteria, permit and the intent and purposes of this
Conservation Easement.
4, No right of access by the general public to any portion of the Easement Property
is conveyed by this Conservation Easement.
5. Grantee shall not be responsible for any costs or liabilities related to the
operation, upkeep or maintenance of the Easement Property.
6, Grantor shall pay any and all real property taxes and assessments levied by
competent authority on the Easement Property.
7. Any costs incurred in enforcing, judicially or otherwise, the terms, provisions
and restrictions of this Conservation Easement shall be borne by and recoverable against the
non-prevailing party in such proceedings.
8. Enforcement of the terms, provisions and restrictions of this Conservation
Easement shall be at the reasonable discretion of Grantee, and any forbearance on behalf of
Grantee to exercise its rights hereunder in the event of any breach hereof by Grantor, shall not
be deemed or construed to be a waiver of Grantee's rights hereunder.
9. Grantee will hold this Conservation Easement exclusively for conservation
purposes. Grantee will not assign its rights and obligations under this Conservation Easement
except to another organization qualified to hold such interests under the applicable state laws.
10. If any provision of this Conservation Easement or the application thereof to any
person or circumstances is found to be invalid, the remainder of the provisions of this
Conservation Easement shall not be effected thereby, as long as the purpose of the
Page 3 of 5
OR: 3501 PG: 0351
16A8
Conservation Easement is preseryed.
11. Grantor shall insert the terms and restrictions of this Conservation Easement in
any subsequent deed or other legal instrument by which Grantor divests itself of any interest in
the Easement Property,
12. All notices, consents, approvals or other communications hereunder shall be in
writing and shall be deemed property given if sent by United States certified mail, return
receipt requested, addressed to the appropriate party or successor-in-interest.
13. This Conservation Easement may be amended, altered, released or revoked only
by written agreement between the parties hereto or their heirs, assigns of successors-in-
interest, which shall be filed in the public records in Collier County.
TO HAVE AND TO HOLD unto Grantee forever. The covenants, terms conditions,
restrictions and purpose imposed with this Conservation Easement shall be binding upon
Grantor, and shall continue as a servitude running in perpetuity with Easement Property.
Grantor hereby covenants with said Grantee that Grantor is lawfully seized of said
Easement Property in fee simple; that the Easement Property is free and clear of all
encumbrances that are inconsistent with the terms of this Conservation Easement and all
mortgages have been joined or subordinated; that Grantor has good right and lawful authority
to convey this Conservation Easement; and that it hereby fully warrants and defends the title to
the Conservation Easement hereby conveyed against the lawful claims of all persons
whomsoever.
IN WITNESS WHEREOF, Naples Golf Development, LLC has hereunto set its
authorized hand this J!f!!!day of August, 2002.
Signed, sealed and delivered in
our presence as witnesses:
Naples Golf Development LLC
~ ~-Cge.-
Signature of Witness
By: ~~~
ayne Wallrich
Managing Member
p ~ r);. Ie. c. Gl.{ 8.8;f
Printed name of witness
~~
Signature of wItness
K-eVl€ e
13eec~~
Page 4 of 5
OR: 3501 PG: 0352
16"0
11 ,1~\
J .~i r" ':v,.,J
Printed name of witness
STATE OF MICHIGAN
COUNTY OF tMK/,-"f-"V(J
I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State
aforesaid and in the County aforesaid to take ackno the foregoing instrument was
acknowledged before me by Wayne Wallrich, .ho is ersona wn to m- r~ed -
. . tion..
WITNESS my hand and official seal in the County and State last aforesaid this 14"' day
of "11A f:, f.t $ r- , 2002.
My Commission expires:
,rI ;If '( ).. i.(" ,)..oa tt
~~ C.. ~
PETER C CUBBA
Notary Public Notary Public, Oakland County, MI
Typed, printed or stam~~a~~qgf"~JY"P'h~
Page 5 of 5
S 41'09'53"W
40..5'
S Ocr25'11"[
49.33'
OR: 3501 PG: 0353
16A8
( IN FEET )
1 INCH == 200".
s 89"3O'~3"E
612.02
S 21'11'p"'W
148.112
Cl)
SIWllIlI JlJIIISlllC11OHo LM
PRESERVE AREA
S 11'24'5J"'W
1.4.87'
......
...............l;;4-t.
' ~-<14-t.
,'/1'.
""-,/i>-<1/J ,~
c"''b~ /.'
~~S I-t.".
q,.. ".' '-1
...... ''''I- .......,:../ ......
...... , S/i>
...... ...... "-', '.90
~~ P,OA
""-
,
""-
......
""
......
......
......
......
......
"
'",,-
'...............
N OO'zrzl"[
121.10'
400' NORTHEASTERly
AND PARAU.EL WITH
U.s. 4 I R/W
rASlERLYUNE
SOUJHWESI' 1/4
"'
GRAPHIC
SCALE
......
......
200 0
~
100
I
200
I
......
.........
$OUlH LINE SOUTHWEST QUARTER
-"-"-"(sw" ii..r SiCliON-ii:'Y51s:-Ri:;["_OO_oo_.._oo
P,O,C,
Con_lion Eos.......t
SOUTKAST CORNER
Of" SOUTMWEST QI.WfIER (SW 1/4)
SI7,TS1S.R27E
A parcel 01 lond lying In Sec:tlon 17, Town.nlp 51 South, Ron9'l 27 _t,
'::oIlier Counly. Florida oIso-JoeiIog o..por.L-ol .-... ....-iMd in-olliclal
Record Book 324, Pote 1411 01 .... PublIc RKarde of CoIl\er COIInty,
FIorIdo, MId poi-cel of land betn9 more portlculotIy d-'lMd os
foIIowa:
Commencinlj 01 the South_t cor".. 0' the Soolthweet quarter (SW 1/4) 0'
IIOid Sec:lion 17; thenCe North 00' 2r 26" EllsI along the Eo.lerty line
0' lIOicI South_1 quwt. (SW 1/4) 0 dilI'- of 121.l1O IHI 10 011
lnl..-tIon wItIl 0 I.... 400.00 ,..I Northealerty 01 .. IMOMnlI at
rI9'ot angles to ond porollel wllll the North_terly righI-ai-way Ilne 0'
Tomlaml TroM (US 41 - SR go);l~ North 54' ,,' 31' Well olOftlJ 80lcI
par...... line 0 diltonc:e 01 7!iO.oe ,Nt: thence North &4' 22' 01' Wal
conllnuing along MId por...... 11n. 0 dilIl_ 0' &:1.55 _I to on
intlrMClion wilh th. cenlertin. 0' on ...lint road; lIIence South .)5'
3T sg' Wesl along .old cenlerline 0 dlal_ of 400.00 ,..t 10 on
inlenectlon ..;Ih IIOId North_leny rlght-ol-.oy .... of TomlamI TroI
(US 41 - SA go): \hence North &4' 22' 01' Well along lIOicI
Norlh....lerty rl4i/Il-o'--y 0 cIlet_. 01 173.57 leet .... PoInl 01
Be91nn1n9 01 th. porcel 01 lond hwUl dIIc:rtbed:
Thence continll. North 54' 22' 01" Wal along 80lcI Norlheaterty rI9'ol-
of-.oy 01 Tomloml Troll 0 chIone. 01 757.21 ,..I; tlMnCOl Norlh 35'
3T sg" Eo.t 0 dlllanc. 402.60 I..t: \henCe South 89' 30' 23' EOII 0
dl.lone. 01 612.02 leet: thence South 41' 09' 5]' Well 0 .1- 0'
40.115 INt: u.- South JO' 51' 52" Wal 0 dl.l_ 0' 37," lHt:
thence Soulll 00' 25' 11' East 0 d1etonce 0' 411.J3 'eet: thence South
21' 11' 11" West 0 dillonctl 0' 148.62 lH1: thence South II' 24' SJ'
Well 0 dislonc. 0' Ig4.87 leet; thenc. South 25' OIl' 25" Welt 0
dl.lonee 0' 89,69 le.t: thence Norlll &4' 14' 48" Well a dlslOl'lce 0'
42.94 feet: thence South 4T 49' 5T Well 0 dl.tance of 3.N 'eet:
lhence Soulh 2~' 4J' 31" Will 0 d..lonce 01 27.311 leet; thence South
17' ~2' 50" Eo.t 0 di.lanc. 01 41,47 IHt: Ih_ Soulll 33' 4T IS"
Eost 0 dislanc. 01 44.63 leet: Ihence South 70' 39' 25" EOII 0
dislanc. of 18.4Q reet: thence South 11' 1r 03" Eo.t 0 diltOllce 01
51.41 1..1; thenee Soulh 35' 3T 59" Wesl 0 clistonc:tl 01130.61 fHt to
the Point of Beqinning ond eonloinln9 8.69 ocr.. more or I....
1
SKECTH OF DESCRIPTION NOT A SURVEY
It /I
E;<HIBI( R
MORTGAGEE'S CONSENT TO EASEMENT
WilLIAM R. SHERMAN, ROBERT C. SHERMAN AND THEODORE H. SHERMAN, the ownJ
and holders of a mortgage recorded in Official Records Book 2557, Page 1158, of the Public Records of
Collier County, Florida, encumbering the property described in Exhibit"A" does hereby consent to the
granting of the aforesaid easement and subjects its mortgage to easement grant provided for herein
above.
OR: 3501 PG: 0354
6A8
Signed, sealed and delivered
in the presence of:
~-p~~. &~ .",.Skt/J7AJJ
rlnt na. . (
,.. . -'""--
'~~ .
c-..J:,-:A')(, ,J;bLle,
~ri'iii name:. ~
~J/); fe, ~Jhe.r/J)rH)
I-'fln name:~ ' S '---
J<-" -, '~U-
I-'flnt name: _ _ _
I {-u..-
w~ ~'-
William R. Sherman
(i~~~
Robert C. Sherman
::d.-.Ld.~~
Theodore H. Sherman
Ie,
STATE OF MICHIGAN
COUNTY OF ANTRIM
SWORN TO AND SUBSCRIBED before me this e day of July, 2003, by WilLIAM R.
SHERMAN. He is personally known to me.pl=-I:la.s-produced as identification.
~L~ /-.~Pb-
OTARY. U L1C
SWORN TO AND SUBSCRIBED before me this tJk day of July, 2003, by ROBERT C.
SHERMAN. He is personally known to me,or-has producQd as ideFltification.
/),,~ ~(~
N"OT ARY B IC
SWORN TO AND SUBSCRIBED before me this ~-/-Lday of July, 2003, by THEODORE H.
SHERMAN. He is personally known to me...-Gr has produced as-identification.
/)cu*FL:~
NOTARYPU. ..
TRUDY E. STIBBS
Notary ~U~lIc, Antrim County, M'
My CommIssIon Expires Oct 24, 2003
s 8"'3O'~3"E
612.02
OR: 3501 PG: 0355
16A8
'-
S ""09'53"W
40..5'
S 6cr25'11"[
....33.
SFWUlI ~ IJNIE -
c;J
S 2'""')1"W
'.....2
PRESERVE AREA
5 ,'"24'aJ"W
18",87"
5 ..T....57"W
......
......
......
......
......
......
......
......
......
......
GRAPHIC SCALE ......
...... '"
200 0 '00 200 ...... ""
~ I I '"
...... ""
'-
N 00"27"3"[
128.10'
400' NORTHEASIERLY
AHO PMALLEL WI1H
u.s. 41 R/W
rAS1DILy UNE
$OUlHWEST 1/4
( IN FEET )
1 INCH :0= 200".
SOUTH LINE SOU1HWEST QUARTER
-~-"-"(SW-i;4rSECiiOH-.i7;"i;;S:-R27E--'-"---"
P.O,C.
$ClUTHl"AST c:oftHER
or SOUTMWEST QI.WMR (SW ,/..)
SI7.nnS.R27E
Con~1on t_t
A ~ 01 lond I)linV In s.c:tlon 17. T_"'tp 51 South. RCIIl<)lI 27 _to
~ Counly. I1orido a\so..NilIV C4'ar.t...ol 0.0- "--'bell Loflic:lal
R.... Book 324, P094' 1411 01 the P\lblIC A--. or CollIer c:-t,.
Florldo. MId paiul 01 land MInt ...... portIcuIort, ~ ..
.oIIows:
CommllftCin9 01 the Southeoel ~ of the s-thweel ...... (SW ,/..) of
.... s.c:tion '7; thenCe North 00' 27" zr Easl aIan\I lhe Eo..ert, IiM
01 MId South_1 quart.. (sw 1/4) a diI~ 01 12&.90 f.1 to CII
InIWMCt\on wlUl 0 line 400.00 fHt ~lerI, o' .. -- at
rl9h1 ang\H 10 ond parGIleI with the HortIl_terIy rlghl-of-..., Ilne o'
lomloml TroM (US 4' - SR to);u-c. North 54' 11' 3" Welt aIon9 MId
poraIIeI line 0 dilt_ o. 7so.08 feet: "'- North 54' 22' 01' weel
conllnuinV o\onCJ Mid poralItI line 0 cIIIl_ of a5.S$ IMI I. on
InIWMClion with the con''''In. of an ...lin9 rood; IMnce Soutll ,)5'
3T &g" Wesl alQn9 IGIcI cenlert\M 0 .t_ of 400.00 .eet .. on
InIWMCUon with IGid NcwttIeoII"', rIflhl-of-..., IlnI 01 T....,.,. Trat
(US 41 - SA to); thenC. North 54' 22' 01- w..1 aIan\I IlIld
N<<......t..., rl9h1-ot--, 0 dIol_ of 87.157 .... the Paint 01
8evInn1n9 o' the parco! of land h... cIeoCrIMd:
Th_ con...... N<<th 5..' 22' 01' ...1 oIon9 MId Hclrthewtert, rl9h1-
0'-_' 01 lomlaml Trat 0 ""ona 0' 757.21 "'1: u.- North ,)5'
3T &g" EOtII 0 d.'ona 402.60 ,..I: thonce South 811' Jtf ~ Eoo( 0
cII.loMo or 612.02 r"l: th_ South 41' ot' lU' Welt 0 -..- or
40.115 IHI: u.- South 30" 58' 52" w..1 a lIlalonM of 37." foot:
thoncll South 00" 25' U' Eoat 0 .'ana of 49.>> ....: th_ South
21' 11' 11' w..1 0 di8,ana of ,....02 fMt; thonce South 11" 24' 53'
Wesl 0 dioloMo 01 1114.87 1Nt: "'- South 25" 09' 25" w.t 0
cIIIloncl 01 811.69 1..,: theftCI North 54' 14' .... w..t 0 dlltonc1 o'
42.9.. teet; 1/leIIc:e South 4T 411' 57" w..t 0 cIIIt.a 01 .198 1Nt:
,hence South 25' 43' 31' W..t 0 d"~ of 27.J8 f..t: theMo South
17' 52' 54" Eosl 0 di1ltonc. 01 41.47 ...1: Ih_ South >>. 4T '5.
East 0 diatoncl 01 44,63 fHI: IhMlce South 70' 39' 25' Eat 0
di1ltonc:e of 1&.40 tell: thence South 18" 17" OJ' Eo.t 0 cIlIlance of
51.4t '..1: thence South 35' JT 59' Well 0 cIlIt_ 01130.11 IMt 10
the Paint 01 aI'J""1n9 and conloln...., &.611 ocr.. more or .....
SKECTH OF DESCRIPTION NOT A SURVEY
" "
Et<HIB'-'- R
. ~'I
.'
, ~,..
11
MORTGAGEE'S CONSENT TO EASEMENT
OR: 3501 PG: 0356
16A8
BANK OF AMERICA, the owner and holder of a mortgage recorded in Official Records Book
2557, Page 1126, of the Public Records of Collier County, Florida, encumbering the property described in
ExhibitlA" does hereby consent to the granting of the aforesaid easement and subjects its mortgage to
easement grant provided for herein above.
BANK OF AMERICA
By: ~
as fis ~~ President
~~
Pont name ,~J 1J'tfP-
STATE OF FLORIDA
COUNTY OF OOLLlER Dvll,U
r-), S~ORN TO AND SUB~IBE~ before me this --.3 / day of July, 2003, ~y .
j,;;;' C, LUJN .' as, Ie:! -t' /jtp,\ dh-c..-{ of BANK OF AMERICA, a National banking
corporation, on behalf of the corporation. He/She is p_f:lrsonally.known to me or has produced
as identification.
<l~':';.~~8(0 LUCIA A, PHILLIPS
~~. MY COMMISSION. DO 136898
* ... EXPIRES: September 5, 2006
"'~ .d>"''' Bonded Thru B~ HoIIry StrvlCti
~OFf\.'"
tdf/ . ~ /;?t U'
N T:~~PUBLlC ,--' ,~ /
mortgages consentBOA.wpd
s 89"3O'~:J"E
612.02
*** OR: 3501 PG: 0357 ***
,
.'
N 35'37'59"1:
402,60'
S 41'09'53"W
40.15'
5 6o'25'11"E
4SI.3J'
16A8
S 21'11'l'"W
,.....2
(IJ
SFWllIO oI\lRISIllC1ION LM -
PRESERVE AREA
S 11'24'53"W
1,...87'
,
'-..... ~~
'~-</~
,/,1:.
"'- ,"r-</// ,~
"''b~ /:,
~.-.. (C/ ,.~-
"""~'s ....
, ~;~l
, , 's "r
, , """, '.90
~~ P,OA
"'-
'",-
S 4T49'57"W
.......
,
,
,
,
,
GRAPHIC
SCALE
,
"
'",-
''-.....
","
,
200 0
~
100
1
200
I
,
.......
N 00'27'21"1:
121.10'
. ,,"
( IN FEET )
1 INCH = 200FT.
SOUTH LINE sOU1HWEST QUARTER
-~-"-"(SW-;i4"-SECiiON-i7:'T5;S:-Rin---"-"-"
P.O.c.
eon_lion [_t
A parcel 01 10000d l)'ing in Section 17, T_-"Ip 51 South, Ronge 27 _to
~alier Count,. FIorido oIso....... ~or1-Of '-'" ~ --'bed In..olticlal "
R_d Book 324. Pote \411 of the PublIc R__ 01 CoIIl..- c-t"
FlorlcIo. MkI po;c.I of Iond IHllnt ",.,. parlIculori, ~ ..
folIowa:
eomm........ 01 tho Souu.-t ~ of the ~ qYGI't... (SW 1/4) of
IIOid Seclion 17: u..nco North GO" 27' 21" East aIon9 the [o.lllfl, line
of lICIid South_t quart... (SW 1/4) 0 .t_ of 121.10 feet to 011
int..-uon wItII 0 ..... 4ClO.00 IHt ~tllfJ of .. --' at
righl on9" 10 ond poraIlol wlth the Nor.....terty rlghl-of-way IlrII of
TorniClml Trot (US 41 - 51' 9O);u-. North 54' ,,' 31" w.t .... lIOid
parollol line a dist_ 0' 7!1O.08 ,eet: "'- North 54' zr 01" Woet
conUnuing along IOld parollll IInI 0 cIIII_ of I$.5S twl to on
inl..-..c:tion with tho contorlino of 011 ..tint rood: u.- South 35"
:J'1 ~" Wesl alDn9 8CI1d CWI11fflM 0 cIIIt_ of 400.00 ,... to on
intll'HCllon with lICIid North_tllfl, rIthI-of-way 1M of T--.. Trail
(US 41 - SA 90); lhenCo North 54' 22' 01" Woot aIon9 .....
Norl""'torly righI-or-way 0 tIIot_ of .73.57 .... the PoInt of
h91M1ng 0' tho pamII of land hlnlln cIeIcrIIed:
Th_ cont...,. North 54' 22' 01" ....t oIoft9 ..... Nartheoolorl, right-
of-wa, of TGnIamI Trail 0 dIIItaneo of 757.21 'Nt: "'- North 35'
3'1 ~" Eo.t 0 dlllaneo 402.60 ,..t: tIlonc:o South D' 3ft :u- Eoot" 0
d1.tonco 01 612.02 r..t: th_ South 41' 09' 53" Wnt 0 cIII'- of
40.95 1Nt: u.- South 3tr .51' !2" Woot 0 dIIIlonH of 37.11 IMt:
lhellc:e South 00' 2:1' u" Eat a dIIlt_ of 41.33 ,oet: u.- South
21' II' ,," Well a dll\_ af 148.62 feet; "'- South II' 24' 53"
Wasl a dil'-c:e al 194.'7 fNt: th_ South 25' OIl' 25" WIIlIt a
.tancl of 89.119 f..t: thence North 54' 14' ..- ..... 0 dlltonce of
42.94 leat; \hence South 4T 49' 5T Wast 0 dlM_ of ),91 loet;
\hence Sou\h 25' 43' 31" WeIll a cIIot_ at 27.31 ,.t: u.-. South
17' 52' 54" Eo.t 0 dialonc. of 41.47 twt: th_ South J3' 4'1 15"
Eost 0 dlltonce of 44.lI3 t..t: thlflco South 70' 39' 25" EoI\ a
diatanco of 111.40 I..t; \hence South 18" 17' OJ" Ent 0 dilt_ of
51.4\ f..l; lhenco South 35' 3'1 59- ...t a cIIatonce of 130.11 t..t 10
tho Point of B"1inllinfJ ond contoinin9 8.611 _ - 01 I....
SOUTHEAST CORNER
or SOUTHWEST Clt.MRlER (SW 1/4)
sI7,nnS.R27E
."
11
SKECTH OF DESCRIPTION NOT A SURVEY
It "
Ex.HIB/' R
PROJECT:
FOLIO No:
63051
41820800009
3344041 OR: 3501 PG: 0308
RBCORDBD in OFFICIAL RBCORDS of COLLIBR COUNTY, F1
02/12/2004 at 03:08PK DiIGHT B. BROCK, CLERK
REC FBB
COPIBS
15.00
3.00
Retn:
CLBRK TO THB BOARD
INTBROFFICB 4TH PLOOR
BXT 7240
PURCHASE AGREEMENT
1682
I
THIS PURCHASE AGREEMENT (hereinafter referred to as the "Agreement") is
made and entered into this day of , 2004, by and between
THOMAS A. TORELLA (hereinafter referred to as "Owner"), whose address is 790
Logan Blvd. N., Naples, FL 34119-1423, and COLLIER COUNTY, a political subdivision
of the State of Florida, its successors and assigns (hereinafter referred to as
"Purchaser");
WHEREAS, Purchaser requires a fee estate in that land described as Golden
Gate Estates, Unit 95, Tract 19, as recorded in Plat Book 9, Page 45 of the Public
Records of Collier County, Florida; and
WHEREAS, Owner desires to convey the Property to Purchaser for the stated
purposes, on the terms and conditions set forth herein; and
WHEREAS, Purchaser has agreed to compensate Owner for conveyance of the
Property;
NOW THEREFORE, in consideration of these premises, the sum of Ten Dollars
($10.00), and other good and valuable consideration, the receipt and sufficiency of
which is hereby mutually acknowledged, it is agreed by and between the parties as
follows:
1. Owner shall convey clear and marketable title to the Property to Purchaser for the
sum of $328,000.00 payable by County Warrant (said transaction hereinafter
referred to as the "Closing"). Said payment shall be full compensation for the
Property conveyed, including all landscaping, trees, shrubs, improvements, and
fixtures located thereon, and for all other damages in connection with conveyance
of said Property to Purchaser. County shall pay a reasonable attorney's fees,
expert witness fees, and costs in the amount of $6,500.00, made payable to
Roetzel & Andress, PA, Trust Account in full settlement of all costs provided for
by Chapter 73, Fla. Stat. The Owner hereby authorizes Purchaser to make
payment in the amount of $334,500.00 to Midwest Title Guarantee Company of
Florida, as settlement agent for the disbursement of proceeds incident to said
sale and conveyance of the Property. It is mutually understood that the Property
is being acquired under threat of condemnation.
2. Prior to Closing, Purchaser shall obtain from the holders of any liens, exceptions
and/or qualifications encumbering the Property, the execution of such instruments
which will remove or release such encumbrances from the Property upon their
recording in the public records of Collier County, Florida. Owner shall provide
Purchaser with a copy of that certain Property Settlement Agreement pursuant to
Final Judgment of Divorce Case No. 99-3520-CA-01-CAE within five (5) days of
the date of this Agreement.
3. Both Owner and Purchaser agree that time is of the essence in regard to the
closing, and that therefore Closing shall occur on or before March 15, 2004;
provided, however, that Purchaser shall have the unilateral right to extend the
term of this Agreement pending receipt of such instruments, properly executed,
which either remove or release any and all such liens, encumbrances or
qualifications affecting Purchaser's enjoyment of the Property. At Closing,
Purchase~ shall deliver the County Warrant to Owner and Owner shall deliver the
conveyance instrument to Purchaser in a form acceptable to Purchaser.
4. Conveyance of the Property by Owner is contingent upon no other provisions,
conditions, or premises other than those so stated herein; and the written
Purchase Agreement
?
OR: 3501 PG: 0309
Purchase Agreement
Page 2
1602
Agreement, including all exhibits attached hereto, shall constitute the entire
Agreement and understanding of the parties, and there are no other prior or
contemporaneous written or oral agreements, undertakings, promises, warranties,
or covenants not contained herein.
5. Owner is aware and understands that the "offer" to purchase represented by this
Agreement is subject to acceptance and approval by the Board of County
Commissioners of Collier County, Florida.
6. Owner represents that the Property and all uses of the Property have been and
presently are in compliance with all Federal, State and Local environmental laws;
that no hazardous substances have been generated, stored, treated or transferred
on the Property except as specifically disclosed to the Purchaser; that the Owner
has no knowledge of any spill or environmental law violation on any property
contiguous to or in the vicinity of the Property to be sold to the Purchaser, that the
Owner has not received notice and otherwise has no knowledge of a) any spill on
the Property, b) any existing or threatened environmental lien against the Property
or c) any lawsuit, proceeding or investigation regarding the generation, storage,
treatment, spill or transfer of hazardous substances on the Property. This
provision shall survive Closing and is not deemed satisfied by conveyance of title.
7. Owner shall indemnify, defend, save and hold harmless the Purchaser against
and from, and to reimburse the Purchaser with respect to, any and all damages,
claims, liabilities, laws, costs and expenses (including without limitation
reasonable paralegal and attorney fees and expenses whether in court, out of
court, in bankruptcy or administrative proceedings or on appeal), penalties or fines
incurred by or asserted against the Purchaser by reason or arising out of the
breach of Owner's representation under Section 6. This provision shall survive
Closing and is not deemed satisfied by conveyance of title.
8. Purchaser shall pay for all recording fees for the Warranty Deed, and for any and
all costs and/or fees associated with securing and recording any Partial
Release(s) of any mortgage(s) recorded against the property, and for the fees to
record any curative instruments required to clear title.
9. This Agreement and the terms and provisions hereof shall be effective as of the
date this Agreement is executed by both parties and shall inure to the benefit of
and be binding upon the parties hereto and their respective heirs, executors,
personal representatives, successors, successor trustees, and/or assignees,
whenever the context so requires or admits.
10. If the Owner holds the Property in the form of a partnership, limited partnership,
corporation, trust or any form of representative capacity whatsoever for others,
Owner shall make a written public disclosure, according to Chapter 286, Florida
Statutes, under oath, of the name and address of every person having a beneficial
interest in the Property before the Property held in such capacity is conveyed to
Purchaser, its successors and assigns. (If the corporation is registered with the
Federal Securities Exchange Commission or registered pursuant to Chapter 517,
Florida Statutes, whose stock is for sale to the general public, it is hereby exempt
from the provisions of Chapter 286, Florida Statutes.)
11. This Agreement is governed and construed in accordance with the laws of the
State of Florida.
y
ttt OR: 3501 er:~3Ef ~t
Purchase Agreement
Page 3
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on
this day of ,2004.
Property acquisition approved by BCC pursuant to Resolution No. 2002-436, dated
November 2, 2002, Item 10B.
AS TO PURCHASER:
DATED:
ATTEST: Il!UlIlt
DWIG,tt~,,~. ftfl~O~/ Clerk
~" ,~~~ ..."..-~..*, 4~ ~:,..
::..::-.... .-po,;..... ..... .~.,~ (1"~
~f ~~,..:;...~~. ;'~~~:.~';'~:~~) 'I'. '~k% "
.. . - l/ill ,..... ~~ .. ! 1r
~ \.;:.~ ~L.J
: :1:. '~:~/,.:;:' . ::. erk
Attest-.~a.'s.- "to ",: :~i '
1 t 2:"'""':L ,",. "-
s gn. ure,!~..,f"'; ~-';J/'
, ~ iJU';\~~ .,,\
, '1".\1'\\\\
BOARD OF COUNTY COMMISSIONERS
COLLIER C NTY, FLORIDA
~d-
BY:
DON
AS TO OWNER:
1/~ts~D8
(
~~~
THOMAS A. TORRELLA
.. ~fpl ~tU~
W ness (Signature)
QtJAj I FE'/?, J-IofE ~<.
N e (Print or Type)
Approved as to form and
legal sufficiency:
~0
Ellen T. Chadwell
Assistant County Attorney
Item # /b 8l
~~~;da ~ -/0 -0'1
MEMORANDUM
Date:
February 11, 2004
To:
Barbara Lee
Transportation/Road Maintenance
From:
Linda A. Houtzer, Deputy Clerk
Minutes & Records Department
Re:
Adopt-A-Road Program Agreement
Enclosed please find a copy of the document as referenced above (Agenda Item
#16B3), as approved by the Board of County Commissioners on Tuesday, February
10, 2004.
If you should have any questions, please call me at 774-8406
Thank you.
Enclosures
1683
1683
COLLIER COUNTY ADOPT-A-ROAD PROGRAM AGREEMENT
Terms and Conditions
THIS COLLIER COUNTY ADOPT-A-ROAD AGREEMENT entered into this
~day of January,2004, by and between Collier County, through its Transportation
Road Maintenance Department, hereinafter called the "COUNTY", and the volunteer
group, MJ>B HOLDINGS CORPORATION (heinafter called the "GROUP").
WITNESSETH:
WHEREAS, the COUNTY and the GROUP recognize the need and desire for
litter-free roads, and enter this Agreement to permit the GROUP to contribute toward the
effort of maintaining a litter-free Collier County.
WHEREAS, by signature below, the GROUP agree to adopt the segment of
roadway known as ORANGE BLOSSOM DRIVE from AIRPORT ROAD to
GOODLETTE-FRANK ROAD and acknowledges the hazardous nature of picking up
litter, and agrees to the following terms and conditions:
THE GROUP SHALL:
1. Participants in the GROUP agree to obey and abide by all laws and regulations
relating to safety on a particular adopted roadway section.
2. Perform litter removal on the Adopted Roadway Section in accordance with
the Florida Department of Transportation's Accident prevention Manual, Safe Field
Practices, the Florida Manual on Uniform Traffic Control Devices (MUTCD), and the
Florida Department of Transportation Design Roadway and Standard Index 601 and 602
(610 for interstate), all of which by this reference are incorporated herein.
3. Only allow such person to participate as are determined by the GROUP to be
responsible enough to safely participate in litter removal activities. Participating youths
must be at least 14 years of age and the GROUP shall provide at least one adult
supervisor for every 5 youths, ages 14-17, who is participating in the litter removal
activity. There shall at all times be at least one person 18 years of age or older who is
generally responsible for supervising all litter removal activities.
4. Not bring persons to observe the activity if the person is under the age of 14 and
is not an official participant.
5. The GROUP shall conduct at least two safety procedure meetings per year for its
participating members. Participants must sign a hold harmless Agreement, and attend a
safety meeting conducted by the GROUP before participating in a cleanup activity
pursuant to this Agreement.
6. Shall have the responsibility to call the Collier County Adopt-a-Road contact and
set up dates and times for their safety meetings.
7. Remove litter during good weather conditions only.
8. The GROUP shall perform litter-pick-up on one side of the road at a time.
9. Remove litter during daylight hours only.
'fJ~
n tj ~
10. Not pick up litter at construction sites, in tunnel or on median.
11. The GROUP shall park all vehicles well clear of the adopted roadway and at least
20 feet from the edge of the payment.
12. The GROUP hereby adopts a section of road at least two miles long for a two-
year period, and pick up litter a minimum of once monthly.
13. The GROUP shall be required to pick up all litter when the appearance of the
adopted roadway section is objectionable.
14. The Group shall obtain required supplies and material from the County.
15. Traffic Control signs supplied by the COUNTY will be placed by the GROUP
during trash pickups.
16. The GROUP participants shall wear COUNTY supplied and approved safety
vests while on the road right-of-way.
17. Ensure that all participants wear safety vests at all times during the litter removal
activity. The local maintenance office should be contacted to obtain safety vests, traffic
control signs and litter collection bags at least five (5) days prior to litter removal activity
and return the same when activity is complete.
18. Not wear clothing, which will hinder the sight of participants.
19. The GROUP shall coordinate pickup details with the County's project coordinator
at least one week prior to a pickup.
20. The GROUP shall place filled trash bags at the adopted site sponsor signs for
pickup and disposal by the COUNTY as soon as possible thereafter.
21. After each pickup, the adopting GROUP coordinator will file a report detailing
the number of people involved, number of bags of litter collected, composition and
estimate of recyclable materials and hours spent. Pre-printed forms will be furnished by
the COUNTY for making the reports and should be filed with the COUNTY project
coordinator.
22. The GROUP is encouraged to separate recyclable materials. All proceeds from
redemption of recyclable materials shall become the property of the organization, which
the volunteer group represents.
23. Unused materials and supplies furnished by the COUNTY shall (1) be returned to
the COUNTY within two workdays following cleanup or, (2) with COUNTY
Coordinator's permission, be retained by the GROUP during Agreement period.
THE COUNTY SHALL:
1. Provide safety vests, trash-bags, pick-up sticks and traffic control signs.
2. Provide GROUP with outline pertaining to safety regulations.
3. Remove the filled trash-bags as soon as possible after the pickup.
4. Remove litter from the adopted section only under unusual circumstances, i.e. to
remove large, heavy or hazardous items.
5. Construct and place a roadside sign stating that the GROUP is responsible for
keeping the area free of litter.
If, in the sole Judgment of the County Project Coordinator, it is found that the
adopting GROUP is not meeting the terms and conditions of this Agreement, the The
adopting GROUP may also, upon 30 days notice, terminate this Agreement if they are no
longer able to meet the terms and conditions of the Agreement. In this event, the
1683
GROUP is responsible for immediately returning all County-owned materials to the
County project coordinator.
The COUNTY recognizes the GROUP as the adopting organization for the section of
road known as Orange Blossom Drive from Airport Road to Goodlette Frank Road
and the GROUP accepts the responsibility of picking up litter on this section of road and
promoting a litter-free environment in the community for a period beginning February 1,
2004 and ending January 31, 2006 (minimum of two years).
The GROUP covenants and agrees that it will indemnify and hold harmless
Collier County and ifs officers, agents and employees from any claim, loss, damage, cost,
charge or expense arising out of any act, neglect or omission by the GROUP or by any
person performing litter removal as part of the GROUP during the performance of the
Agreement whether direct or indirect, and whether to any person or property to which
Collier County or said parties may be subject, except that neither the GROUP nor any of
its members shall be liable under this provision for damages arising out of injury or
damage to persons or property directly caused or resulting from the sole negligence of
Collier County, and its officers, employees or agents.
The Agreement shall remain in effect until terminated. Collier County or
GROUP may terminate this Agreement for any reason upon 30 days notice.
This Agreement is for litter removal activities only. No beautification activities
are authorized by this Agreement.
IN WITNESS WHEREOF, the Parties have caused this Agreement to be duly
executed as of the date and year written above
COUNTY:
ATTEST:
DWIGHT Ji~mBRQCK, Clerk
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By
BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA
(l~~< d4.~
Do na Fiala, Chairman
By:
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1100 5th Avenue South, Ste.201
Naples, Florida 34102
,President
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Group's President (print)
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Group's Adop-t-A-Road Chairman (print)
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Group's Adopt-A-Road Chairman's Address
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Phone # (day) Phone # (night)
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ORPORATION
GROUP:
Approved as to form and legal sufficiency:
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INTERLOCAL AGREEMENT
FINAL 9/26/03
1684
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COUNTY PROJECT
NO.
COUNTY ROAD NO.
COUNTY PROJECT
Golden Gate Parkway
Six-Laning (east of Livingston Road
to east of Santa Barbara Boulevard)
886
60027 A&B
THIS INTERLOCAL AGREEMENT (hereinafter referred to as the "Agreement") made and
entered into this _ day of , 2003, by and between the Board of County
Commissioners, Collier County, Florida, a political subdivision of the State of Florida (hereinafter
referred to as "COUNTY") and the City of Naples, a municipal corporation (hereinafter referred to
as "CITY").
WITNESSETH:
WHEREAS, COUNTY is planning to construct, reconstruct or otherwise modify a portion of
the county roadway system designated by COUNTY as Project No. 60027, Golden Gate Parkway
Six-Ianing Improvements (east of Livingston Road to east of Santa Barbara Boulevard), said
roadway improvements hereinafter called the "Roadway"; and
WHEREAS, CITY is planning to maintain a 36" raw water main within, adjacent to, and in the
vicinity of the roadway easement, said utility work and improvements hereinafter called the "Utility"
or "Water Main"; and
WHEREAS, CITY requested COUNTY to allow the CITY'S existing Water Main to remain
in place; and
WHEREAS, COUNTY agrees that the existing Water Main may remain in its current place;
and
WHEREAS, COUNTY and CITY have determined and mutually agree that it is economically
g advantageous and in the best interest of the public to consummate this Agreement to provide for the
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roadway construction contract for the roadway and to accommodate the CITY Water Main without
requiring its relocation; and
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~ ~ ~ WHEREAS, CITY accepts the terms in the agreement incorporated herein and included in
B ~ ~ :Exhibit "A" attached hereto; and
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WHEREAS, CITY accepts the total bid items for the portions of work as identified in the
attached Exhibit "A" herein known and referenced as "Anticipated Cost of Project" (ACP); and
WHEREAS, COUNTY is agreeable to and desirous and capable of performing, providing, or
otherwise undertaking utility design, construction and contract administration services for CITY
iA684
jointly and concurrently with the Roadway construction, and CITY agrees to reimburse COUNTY
for the final and actual costs herein known and referred to as "Actual Cost Statement" (ACS) for the
total bid items for the portions of work as identified in the attached Exhibit "A".
NOW THEREFORE, in consideration of the above premises, and the mutual covenants,
terms, and provisions contained herein, COUNTY and CITY agree as follows:
SECTION I: COUNTY'S RESPONSIBILITY.
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COUNTY shall provide and perform comprehensive utility related design and construction
and contract administration services to CITY for the roadway project. These services shall
be rendered jointly and concurrently with COUNTY'S design and construction of the
roadway.
The following specific services, duties and responsibilities will be the obligation of the
COUNTY regarding design coordination, construction and contract administration of the
Utility work on behalf of the CITY.
A. COUNTY agrees to accommodate the CITY'S existing Water Main so that it may
remain in place within the existing Golden Gate Parkway right-of-way where not in
conflict with all components of the Roadway design. The necessary and applicable
utility plans and specifications shall be subject to the CITY'S input and review.
B. COUNTY shall include Utility work in its Roadway Construction Bid to arrive at a
price for CITY'S actual construction Utility work excluding COUNTY'S
administrative fees.
C. COUNTY shall conduct a formal preconstruction conference prior to commencing
with construction work. COUNTY will provide CITY notice of the preconstruction
conference at least five (5) working days prior to the conference. CITY'S
representative may attend this conference at the CITY'S discretion, A copy of the
minutes of said conference shall be submitted to the CITY'S contract agent/
representative as so identified hereinafter.
D. COUNTY shall coordinate the Utility and Roadway work with third parties such as
property owners, land developers, environmental agencies, contractors, and the like
to the extent that such parties have a direct interest in or are directly affected by said
Utility and Roadway improvements.
E. COUNTY shall report construction progress to the CITY upon request.
F. Periodic on-site inspections and construction reviews will be conducted by the
COUNTY or it's designee and the CITY to assess the contractor's compliance with
the construction plans.
IA~rno34
G. The Utility work shall be coordinated with the CITY'S utility representative with
respect to keeping the CITY advised of technical, cost, and schedule impacts upon
the Utility work.
H. COUNTY shall confer with public officials of the CITY as deemed necessary by the
COUNTY in order to coordinate work stages between any Utility improvements and
the Roadway improvements from a public interest viewpoint.
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I. Periodic Utility field measurements and quantity calculations shall be made by the
COUNTY of Utility work accomplished on an as-needed basis for processing of
monthly progress payments to the COUNTY'S contractor. The Utility related field
measurements, quantity calculations and other performance data will be verified with
the CITY'S contract agent/representative if so requested by the CITY in writing prior
to the COUNTY'S issuance of monthly progress payments to the contractor.
COUNTY shall administer design changes, clarifications, supplements and other
contract amendments which may be necessary during design and construction of any
Utility improvements. These contract directives to the consultant and contractor may
be in the form of plans, memoranda, reports, change orders and supplemental
agreements and shall be subject to a written approval by the CITY'S contract
agent/representative.
The above notwithstanding, upon notification to CITY, the CITY herein authorizes
the COUNTY to prepare, execute and implement minor change orders for contract
amendments necessitated by actual field conditions at the Utility site so as not to
delay the contractor's performance. Said change orders shall be issued by the
COUNTY using either existing contract unit prices or negotiated unit prices for work
adjustments to the Utility improvements. In no event shall the value of any individual
change order directly related to the Utility exceed Five Thousand Dollars ($5000) nor
shall the cumulative total amount of such change orders exceed Ten Percent (10%) of
the ACP. Additional or extra work which exceeds the above change order authority
by the COUNTY shall be submitted for review and execution by the CITY.
K. Upon completion of all Utility work, including all work authorized under change
orders and supplemental agreements, the COUNTY shall conduct a final inspection of
the Utility work with the CITY'S contract agent/representative and/or its Record
Engineer prior to COUNTY'S issuing a final payment to the contractor.
L. COUNTY shall submit a final Certificate of Completion letter to the CITY along with
an appropriate number of plans detailing the Utility as maintained, modified or
improved by the COUNTY'S contractor for subsequent certification by the CITY'S
Record Engineer. This certification shall be submitted by the CITY'S Record
Engineer to the State of Florida Department of Environmental Protection and other
local and state agencies which govern the Utility improvements.
M. All contracts entered into by the COUNTY for the design and/or construction of the
Utility Facilities shall require the party contracting with the COUNTY to save
harmless, indemnify and defend the CITY and its consultants, agents, officers and
employees from any and all claims, losses, penalties, demands, judgments, and costs
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of suit, including attorney's fees and paralegal's fees, or any expense, damage or
liability incurred by any of them, whether for personal injury, property damage, direct
or consequential damages or economic loss, arising directly or indirectly on account
of or in connection with the work done by the COUNTY'S consultant or contractor
pertaining to the design and construction of the Roadway and Utility or by any
person, firm or corporation to whom any portion of the Roadway and Utility work is
subcontracted by the COUNTY'S Consultant or contractor.
SECTION II: CITY'S RESPONSIBILITY.
2.00 CITY shall provide and perform project support duties to ensure that the COUNTY is able to
furnish construction and contract administration services to the mutual satisfaction of the
CITY, the COUNTY, and other governing agencies that have jurisdictional control over the
Utility improvements.
2.01 The specific project support duties and responsibilities enumerated below shall be the
obligation ofthe CITY.
A.
CITY shall provide to COUNTY a copy of any and all documentation regarding the
condition of the CITY'S Raw Water Main, its carrying capacity and the weight which
may be placed over the Water Main.
B. CITY'S Record Engineer, on behalf of the CITY, shall certify, as applicable, the final
Utility plans and contract documents which will represent and depict the Utility as
maintained by the COUNTY'S contractor.
C. CITY shall obtain all other written approvals from parties and/or persons having an
interest or direct control over the Utility improvements as deemed necessary to ensure
that COUNTY may perform its duties and responsibilities herein in a timely and cost
effective manner without interruption.
D. CITY shall be responsible for the Utility construction in accord with the plans,
permits, specifications and designs prepared by the COUNTY or their designee,
including but not limited to materials, labor and delay costs. Additional costs incurred
pursuant to future change orders and/or supplemental agreements authorized in
accord with the provisions of Article 1.01 (J) above shall also remain the cost
responsibility of the CITY, said final and actual cost of all work herein known as the
project ACS. In additio~ the CITY shall be responsible for all agreement items
included in Exhibit "A" attached hereto and incorporated herein.
E. CITY herein agrees to assign a contract agent/representative to the Utility project for
the entire design and construction period and notify the COUNTY in writing so that
the COUNTY may effectively coordinate its services with the CITY. This contract
agent/representative shall provide physical locates of the CITY'S Water Main lines so
that the COUNTY'S contractor knows where the line is at all times. CITY'S contract
agent/representative shall also act as the CITY'S contract authority under the
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provisions of this Agreement. COUNTY shall provide written notice of all meetings
at least five (5) working days prior the meeting.
F. CITY shall assign a Utility project coordinator for the purpose of coordinating,
resolving and communicating construction issues at the field level with COUNTY'S
resident construction engineer. CITY shall appoint/designate the project coordinator
in writing to COUNTY prior to COUNTY'S commencement of design coordination,
construction and contract administration services herein. CITY'S contract
agent/representative and/or CITY'S project coordinator shall attend periodic
construction progress meetings with and between the COUNTY and the contractor,
subcontractors and utility companies with direct or indirect interest in the provisions
of this Agreement.
CITY shall be responsible for maintenance of the Water Main and all associated
utilities. At a minimum, the CITY shall inspect the Water Main annually to ensure
that there are no leaks. CITY may not modify or upgrade the Water Main without
the COUNTY'S consent and a Collier County right of way permit. This obligation
shall remain after termination of this Agreement as long as the Water Main is in place
and in use.
The parties agree that the CITY'S Water Main may remain in place, and that, based
on plans provided by the COUNTY, relocation will not be necessary at the present
time, unless during construction site conditions warrant the need for the CITY to
make a modification or relocation or during future road construction. If at the time of
the Roadway construction, the existing Water Main, or portions thereof, are found to
interfere with, impede, or otherwise hamper construction efforts and the COUNTY
determines that alternate solutions to correct the conflict are not viable, then the
CITY shall adjust, reconfigure, extend, or relocate at its cost such lines in a location
identified by the COUNTY. Such modifications shall commence within three (3) days
of written notification by the COUNTY and be completed within a reasonable and
mutually agreed upon time, Moreover, the CITY herein agrees to obtain all
additional easements and/or rights-of-way required in order to relocate or maintain
the Utility improvements.
I. CITY agrees to immediately respond to Emergencies subject to activities set forth in
Exhibit "A" for which the County contractor is responsible, and to comply with state,
federal and local laws including, but not limited to, CITY emergency policies, Collier
County Ordinance No. 2003-37, as it may be amended from time to time, or its
successor ordinance, and the Collier County Land Development Code. In the event
the CITY fails to immediately respond to an Emergency, the COUNTY may take
corrective action and bill the CITY for its actual cost. The CITY shall pay the
amount incurred by COUNTY within thirty (30) days of receipt of the bill or invoice.
For purposes of this Agreement, an Emergency shall be defined as any leakage,
spillage or escape of water from the Water Main which interferes with the safety or
capacity of the Roadway or the safety of the public. This obligation shall remain
after termination of this Agreement as long as the Water Main is in place and in use.
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J. CITY shall pay to COUNTY a sum equal to the ACP within sixty (60) days of the
execution of this Agreement.
SECTION III: MUTUAL COVENANTS.
3:00 CITY shall not be responsible for, nor shall CITY dictate upon COUNTY, construction
means, methods, techniques, skills, sequences or procedures of construction relating to
Roadway improvements. The above responsibilities during construction shall remain with the
COUNTY'S contractor and/or the contractor's subcontractors subject to the conditions and
responsibilities set forth is this Agreement and in Exhibit "A".
3.01 CITY shall not be responsible to the COUNTY should the COUNTY'S contractor fail to
comply with OSHA Safety and Health Standards (29 CFR 1926/1920) as authorized by the
U. S. Department of Labor, Occupational Safety and Health Administration; said
responsibilities to be that of the COUNTY'S contractor and/or the contractor's
subcontractors.
3.02 COUNTY'S Transportation Engineering and Construction Management Director, either
directly with the CITY or through duly authorized representatives assigned to the Roadway
and the Utility by him, shall act as the COUNTY'S contract manager under this Agreement.
As the COUNTY'S contract manager under this Agreement, the Transportation Engineering
and Construction Management Director shall also have the authority with prior written
approval of the CITY to extend the limits and/or scope of Utility construction work.
3.03 COUNTY shall provide CITY with one (1) set of the approved as-built plans for the
Roadway at the conclusion of construction activities by the COUNTY'S contractor. CITY
shall pay COUNTY the ACP prior to giving the contractor the Notice to Proceed with the
start of the work.
3.04 COUNTY shall reimburse CITY for the difference in value between the ACP and the ACS if
the former amount exceeds the latter amount. COUNTY shall pay this differential amount to
the CITY within forty-five (45) calendar days after the date on which the construction
provided for in this Agreement is completed by the COUNTY and accepted in writing by the
CITY.
3.05 CITY shall reimburse COUNTY for the difference in value between the ACP and the actual
cost should the latter amount exceed the former amount. CITY shall pay this differential
amount to the COUNTY within forty-five (45) calendar days after the date of final
acceptance of the Utility work in writing by CITY or within forty-five (45) calendar days
after COUNTY presents CITY with a Certificate of Completion letter.
SECTION IV: AGREEMENT TERMS,
4.00 This Agreement shall remain in full force and effect from the date first above written and shall
terminate when COUNTY has issued a notification to its contractor of substantial completion
for the six-laning of Golden Gate Parkway, Project 60027.
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FINAL 9/26/03
1684
4.01 The Roadway shall be maintained by the COUNTY, or its assigns, with respect to roadway
and drainage improvements and by the CITY, with respect to the Utility within COUNTY
public easements and/or rights-of-way. CITY and/or its assigns shall also maintain the Utility
improvements which lie outside COUNTY public easements and/or rights-of-way.
SECTION V: INSURANCE.
5.00 CITY and COUNTY shall maintain insurance in the minimum amounts and types as required
by Florida State Statutes.
5.01 CITY and COUNTY agree that either party may be self-insured on the condition that all self-
insurance(s) must comply with all state laws and regulations and must meet with the approval
of the other party to this Agreement.
~ SECTION VI: MISCELLANEOUS.
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6.01 This Agreement shall be governed by and constructed under the laws of the State of Florida.
In the event any litigation is instituted by way of construction or enforcement of this
Agreement, the party prevailing in said litigation shall be entitled to collect and recover from
the opposite party all court costs and other expenses including reasonable attorney's fees.
6.02 It is understood that this Agreement must be executed by both parties prior to CITY and
COUNTY commencing with the work, services, duties and responsibilities described
heretofore.
6.03 COUNTY shall record this Agreement in the official records of Collier County as soon as
practicable after approval and execution by both parties.
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IN WITNESS WHEREOF, the parties hereto have caused this Joint Project Agreement to be
executed by their appropriate officials, as of the date first above written.
AS TO COUNTY:
ATTEST:
DWIGHT E. BROCK, Clerk
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Heidi F. Ashton
Assistant County Attorney
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ATTEST:
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-TARA NORMl\N, City clli'
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ROBERT D. PRITT, City Attorney
Item #
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eputy Clerk
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
BY:
4~J~
Donna Fiala, Chairman
CITY OF NAPLES
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By:
WITNESSES:
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GOLDEN GATE PARKWAY
COUNTY PROJECT NO. 60027
EXHIBIT "A"
City of Naples Responsibilities for Extra Costs
Contract documents to include a line item in the schedule of
unit prices for extra precautions (as identified by the pipe
manufacturer) to be taken by the contractor when work is
performed in and around the 36" RWM. The contract drawings
will show the limits of precautionary areas. The operating
precautions to be recommended by the City shall also place
the burden on the Contractor for proper operations with any
non-compliance resulting in pipe damages being the Contractor's
responsibility. This line item is to be paid by the City of Naples.
Also included in this line item is the costs to repair a rupture to
the 36" RWM, should such repair be needed. Where pipe damage
occurs due to the condition of the pipe or other circumstances where
the contractor is not negligent or liable, this line item is to be paid by
the City of Naples. This line item shall include special pipe repair
sections that contractor shall have on-hand for repairs and any such
repair sections not used shall become the property of the City.
2.
Any future roadway damages caused by the rupture/leak of the
City's 36" RWM will be repaired at the City's expense in accordance
with appropriate County right of way permitting manual.
TOT AL ANTICIPATED COST OF PROJECT
FINAL 9/26/03
1684
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$50,000.00
Future cost not
included in ACP
$50.000.00
_~_"_.____~_~______________"r-_-"_______'"__'_'_~___'_.~..~-~-----_._--"~--------_."-----~._-_.._-~-._~--------_.~~--_.._._-----------~-~--------_.--_._-----_."-~-----.-----"
Book 123 ' Page_
1684
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Agenda :Item 9-i
Meeting of 12/3/03
RESOLUT:ION 03-10285
A RESOLUT:ION APPROV:ING AN :INTERLOCAL AGREEMENT W:ITH COLL:IER COUNTY FOR THE
PROTECT:ION OF A :RAW WATER MA:IN ON GOLDEN GATE PARKWAY EAST OF LJ:V:INGSTON ROAD;
AUTHOR:IZ:ING THE MAYOR TO EXECUTE THE :INTERLOCAL AGREEMENT; AND PROV:ID:ING AN
EFFECTJ:VE DATE.
WHEREAS ,
as part of the design for the construction of six lanes on Golden
Gate Parkway between Livingston Road and Santa Barbara Boulevard,
the County has accommodated the existing City raw water main at its
location under the eastbound outside lane; and
WHEREAS,
to protect the raw water main during the construction, special
contract conditions were placed on the road contractor as part of
the County's contract; and
WHEREAS ,
the bid submitted to the County for the protection of the raw water
main for special repair piping and special equipment was
$50,000.00; and
WHEREAS,
the City will be responsible for the cost of protecting the raw
water main and the amount of $50,000.00 is considered competitive
and in the best interest of the City;
,:x: NOW, THEREFORE, BE :IT RESOLVED BY THE COUNC:IL OF THE C:ITY OF NAPLES, FLOR:IDA:
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Section 1.
That the Interlocal Agreement with Collier County for the
protection of a raw water main at Golden Gate Parkway between
Livingston Road and Santa Barbara Boulevard is hereby approved, a
copy of which is on file in the City Clerk's Office.
Section 2.
That the Mayor is hereby authorized to execute the Interlocal
Agreement,
Section 3.
This resolution shall take effect immediately upon adoption.
PASSED :IN OPEN AND REGULAR SESS:ION OF THE C:ITY COUNC:IL OF THE C:ITY OF NAPLES~
FLOR:IDA, TH:IS 3~ DAY OF DECEMBER 2003. I
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M:\REF\COUNCrL\RES\2003\03-10285
A~oved as 0 _form and legali ty:
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Robert D. Pritt, City Attorney
A
Filed with City Clerk
/ dol a 3103
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I n!;!reb;' I,;t;Il;;j ll1alllle aB6I/1i1 aMi fofeoeiR{l ill 8 true
and correct copy of records appearing In the fi1es of
~he C' Cle~'o 00" ',Ice. City of Nap Florida.
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Book 123 . Page_
1684
Agenda Item. 9-i
Meeting of 12/3/03
RESOLUTION 03-10285
A RESOLUTION APPROVING AN IN'l'ERLOCAL AGREEMEN'l' WITH COLLIER COUNTY FOR THE
PROTECTION OF A RAW WATER MAIN ON GOLDEN GATE PARKWAY EAST OF LIVINGSTON ROAD;
AUTHORIZING THE MAYOR TO EXECUTE THE IN'l'ERLOCAL AGREEMENT; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS ,
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WHEREAS,
as part of the design for the construction of six lanes on Golden
Gate Parkway between Livingston Road and Santa Barbara Boulevard,
the County has accommodated the existing City raw water main at its
location under the eastbound outside lane; and
to protect the raw water main during the construction, special
contract conditions were placed on the road contractor as part of
the County's contract; and
the bid submitted to the County for the protection of the raw water
main for special repair piping and special equipment was
$50,000.00; and
the City will be responsible for the cost of protecting the raw
water main and the amount of $50,000.00 is considered competitive
and in the best interest of the City;
+=
+=
+=
Section 1.
P::: NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF NAPLES, FLORIDA:
C>
Section 2.
Section 3.
That the Interlocal Agreement with Collier County for the
protection of a raw water main at Golden Gate Parkway between
Livingston Road and Santa Barbara Boulevard is hereby approved, a
copy of which is on file in the City Clerk's Office.
That the Mayor is hereby authorized to execute the Interlocal
Agreement.
This resolution shall take effect immediately upon adoption.
PASSED IN OPEN AND REGULAR SESSION OF THE CITY COUNCIL OF THE CITY OF
FLORIDA, THIS 3~ DAY OF DECEMBER 2003.
jlL
A~oved as <:5 _form and legality:
-bLr lLl ~
Robert D. Pritt, City Attorney
~~
' . X
ra A. Norma~ City Cl k
M.\REF\COUNCXL\RES\2003\03-10285
Filed with City Clerk
/~/a3/03
I '
I hereby certify Ih81lhe above Md foregoing is a true
and ~rrect copy of records appearing In the files of
lhe CIly Cle~'s_ Office, City ~ FIcdda.
i~i~rf: ,~1iJf
MEMORANDUM
Date:
February 11, 2004
To:
Tom Tomerlin, Principal Planner
Traffic Operations & Alternative Transportation Modes
From:
Linda A. Houtzer, Deputy Clerk
Minutes & Records Department
Re:
Local Agency Program Agreement
Enclosed please find three (3) original agreements and three (3) certified copies of
Resolution 2004-42, approved by the Board of County Commissioners on
Tuesday, February 10,2004 (Agenda Item #16B6).
Please forward to the appropriate parties and return a fully executed original of the
Agreement to Minutes and Records.
If you should have any questions, please feel free to contact me at 774-8411 .
Thank you.
Enclosure (1)
1... {~.'.'t.; n (
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u._>' . .
1686
RESOLUTION NO. 2004- 42
A RESOLUTION BY THE BOARD OF COUNTY COMMISSIONERS,
COLLIER COUNTY, FLORIDA, APPROVING A LOCAL AGENCY
PROGRAM AGREEMENT WITH THE STATE OF FLORIDA
DEPARTMENT OF TRANSPORTATION, FOR THE DESIGN AND
CONSTRUCTION OF SIDEW ALKS AND BICYCLE LANES IN
EVERGLADES CITY, AND AUTHORIZING ITS EXECUTION.
WHEREAS, the State of Florida Department of Transportation (FDOT) is willing to enter into a Local
Agency Program Agreement ("Agreement") with Collier County, wherein FDOT will reimburse Collier County the
sum of $208,180 for the design and construction of sidewalks along CR 29 from the Barron River Bridge south to
the Traffic Circle at Copeland, and the painting out of bike lanes along Copeland; and
WHEREAS, the Collier County Board of County Commissioners finds that it is in the public interest to
install sidewalks along CR 29 from the Barron River Bridge south to the Traffic Circle at Copeland, and to paint out
of bike lanes along Copeland, and that this Agreement is in the best interests of the citizens of Collier County.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA, that;
The Board of County Commissioners approves the Agreement and authorizes its chairman, Donna Fiala, to
execute the Agreement.
A certified copy of this Resolution will be forwarded by the Collier County Clerk to FDOT along with the
executed Agreement.
This Resolution adopted after motion, second and majority vote favoring same.
DATED:
,,' r
ATTEST;. ~ ~\~Zj!,t,!'1 .
DWIGrq~>bROCk; <e1~k
:.,t?.<~ ; '}(~ (J
;,,' It ,l!\
BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA
d
By:
Item #
lie 8In
~-/D.oi
Ap
rm and legal sufficiency:
Agenda
Date
leffr y A. tzkow
Assi tant C u ty Attorney
~~~d d.'/ J '01
~(j .!lmJiqjf1
eputy terk
RESOLUTION NO, 2004- 4 3
1 ,I' r'~"":I
p f~ '4/-
)e () ti
A RESOLUTION BY THE BOARD OF COUNTY COMMISSIONERS,
COLLIER COUNTY, FLORIDA, APPROVING A LOCAL AGENCY
PROGRAM AGREEMENT WITH THE STATE OF FLORIDA
DEPARTMENT OF TRANSPORTATION, FOR ROADWAY LIGHTING
ALONG U.S. 41 - NORTH TAMIAMI TRAIL, FROM MYRTLE ROAD TO
PINE RIDGE ROAD, AND AUTHORIZING ITS EXECUTION.
WHEREAS, the State of Florida Department of Transportation (FDOT) is willing to enter into a Local
Agency Program Agreement ("Agreement") with Collier County, wherein FDOT will reimburse Collier County the
sum of $259,020 for the Preliminary Engineering and installation of highway lighting on forty foot spun aluminum
poles along U.S, 41 between Myrtle Road and Pine Ridge Road; and
WHEREAS, the Collier County Board of County Commissioners finds that it is in the public interest to
install lighting along U.S. 41 between Myrtle Road and Pine Ridge Road, and that this Agreement is in the best
interests of the citizens of Collier County.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA, that;
The Board of County Commissioners approves the Agreement and authorizes its chairman, Donna Fiala, to
execute the Agreement.
A certified copy of this Resolution will be forwarded by the Collier County Clerk to FDOT along with the
executed Agreement.
This Resolution adopted after motion, second and majority vote favoring same.
DATED:
A TTE~;r,:, I"'" I
9~~~~erl~~~!<' Clerk
,,' ,\ .............-. ~... ~/
......:. -~~';'" .... +..,'" /"'--
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. --s " . ':. ~~ J).C.
tit Clirk
'.~,' 1\
~"
'\~al sufficiency:
~~;i'"..,
,,., ~,
BOARD OF COUNTY COMNgS~;rpNERS '
OF COLLIER UNTY..FLORIDA
.,,' . ",
By:
Item #
,~ 67
Agenda
Date
:J. ,10 .D'1-
Date
Rec'd
a.'l/~OL(
~md~O.M17/~
"O.pU(Y C erk
1686
State of Florida Department of Transportation
LOCAL AGENCY PROGRAM AGREEMENT
525-010-40
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OGC -11103
Page 1 of 12
FPN N0404677-1 Fund: SE FLAIR Approp:
Federal No: 1531 004 P Org, Code: 55014010106 FLAIR Obj.:
FPN No. Fund: FLAIR Approp:
Federal No: Org. Code: FLAIR Obj.:
County No. 03 Contract No: /I N ::r.5 3 Vendor No,: F596000558102
Catalog of Federal Domestic Assistance (CFDA): 20.205 Highway Planning and Construction
THIS AGREEMENT, made and entered into this /21-"- day of III ayeJ.-- , ~OO <-I
by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, an agency ofthe State of Florida,
hereinafter called the Department, and Collier County; Attn: Finance Dept.; 2671 Airport Rd., Naples, FL 34112
hereinafter called the Agency.
WIT N E SSE T H:
VVHEREAS, the Agency has the authority to enter into said Agreement and to undertake the project hereinafter described,
and the Department has been granted the authority to function adequately in all areas of appropriate jurisdiction including
the implementation of an integrated and balanced transportation system and is authorized under Section 334.044, Florida
Statutes to enter into this Agreement;
NOW, THEREFORE, in consideration ofthe mutual covenants, promises and representations herein, the parties agree as
follows:
1.00 Purpose of Agreement: The purpose of this Agreement is to provide for the Department's participation in
Sidewalk and as further described in Exhibit "A" attached hereto and by this reference made a part
hereof, hereinafter called the project, and to provide departmental financial assistance to the Agency and state the tenns
and conditions upon which such assistance will be provided and the understandings as to the manner in which the project
will be undertaken and completed,
1.01 Modifications and Additions: Exhibit(s)
2,00 Accomplishment of the Project:
2.01 General Requirements: The Agency shall commence, and complete the project as described in EXHIBIT "A" with
all practical dispatch, in a sound, economical, and efficient manner, and in accordance with the provisions herein, and all
applicable laws, The project will be perfonned in accordance with all applicable Department procedures, guidelines,
manuals, standards, and directives as described in the Department's Local Agency Program Manual, which by this
reference is made a part hereof as if fully set forth herein.
A&B
are attached hereto and by this reference made a part hereof.
A full time employee of the Agency, qualified to ensure that the work being pursued is complete, accurate, and consistent
with the terms, conditions, and specifications of this Agreement shall be in charge of each project.
2.02 Expiration of Agreement: The Agency agrees to complete the project on or before 06/3012005 .
If the Agency does not complete the project within this time period, this Agreement will expire on the last day of scheduled
completion as provided in this paragraph unless an extension of the time period is requested by the Agency and granted in
writing by the Department prior to the expiration of the Agreement. Expiration of this Agreement will be considered
termination of the project. The cost of any work performed after the expiration date of the Agreement will not be
reimbursed by the Department.
2.03 Pursuant to Federal, State, and Local Law: In the event that any election, referendum, approval, permit, notice, or
other proceeding or authorization is requisite under applicable law to enable the Agency to enter into this Agreement or to
undertake the project hereunder, or to observe, assume or cany out any of the provisions of the Agreement, the Agency
will initiate and consummate, as provided by law, all actions necessary with respect to any such matters so requisite.
2.04 Funds of the Agency: The Agency shall initiate and prosecute to completion all proceedings necessary, including
Federal-aid requirements, to enable the Agency to provide the necessary funds for completion ofthe project.
1686
525-010-40
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Page 2 of 12
2.05 Submission of Proceedings. Contracts. and Other Documents: The Agency shall submit to the Department
such data, reports, records, contracts, and other documents relating to the project as the Department and the Federal
Highway Administration may require,
3.00 Project Cost:
3,01 Total Cost: The estimated total cost of the project is $ 208,180.00 . This amount is based upon
the schedule of funding in Exhibit "B" attached hereto and by this reference made a part hereof. The Agency agrees to
bear all expenses in excess of the total cost of the project and any deficits involved, The schedule of funding may be
modified by mutual agreement as provided for in paragraph 4.00 of this agreement.
3.02 Department Participation: The Department agrees to participate, including contingencies, in the project cost to the
extent provided in Exhibit "B". This amount includes Federal-aid funds which are limited to the actual amount of
Federal-aid participation.
3.03 Limits on Department Funds: Project costs eligible for Department participation will be allowed only from the date
of this Agreement. It is understood that Department participation in eligible project costs is subject to:
a) Legislative approval of the Department's appropriation request in the work program year that the project is
scheduled
b) Availability of funds as stated in paragraphs 3.04 and 3,05 of this Agreement;
c) Approval of all plans, specifications, contracts or other obligating documents and all other terms of this Agreement;
d) Department approval of the project scope and budget at the time appropriation authority becomes available.
3.04 Appropriation of Funds: The Department's performance and obligation to pay under this Agreement is contingent
upon an annual appropriation by the Legislature. If the Department's funding for this project is in multiple fiscal years,
funds approval from the Department's Comptroller must be received each fiscal year prior to costs being incurred. See
Exhibit B for funding levels by fiscal year. Project costs utilizing these fiscal year funds are not eligible for reimbursement
if incurred prior to funds approval being received. The Department will notify the Agency, in writing, when funds are
available.
3.05 Multi-Year Commitment: In the event this Agreement is in excess of $25,000 and has a term for a period of more
than one year, the provisions of Section 339.135(6)(a), Florida Statutes, are hereby incorporated:
"The department, during any fiscal year, shall not expend money, incur any liability, or enter into any contract
which, by its terms, involves the expenditure of money in excess of the amounts budgeted as available for
expenditure during such fiscal year. Any contract, verbal or written, made in violation of this subsection is null
and void, and no money may be paid on such contract. The department shall require a statement from the
comptroller of the Department that funds are available prior to entering into any such contract or other binding
commitment of funds. Nothing herein contained shall prevent the making of contracts for periods exceeding 1
year, but any contract so made shall be executory only for the value of the services to be rendered or agreed
to be paid for in succeeding fiscal years, and this paragraph shall be incorporated verbatim in all contracts of
the Department which are for an amount in excess of $25,000 and which have a tenn for a period of more
than 1 year."
3,06 Notice to Proceed: No cost may be incurred under this contract until the Agency has received a Notice to Proceed
from the Department.
3,07 Limits on Federal Participation: Federal-aid funds shall not participate in any cost which is not incurred in
conformity with applicable federal and state law, the regulations in 23 C.F.R. and 49 C.F.R., and policies and procedures
prescribed by the Division Administrator of the Federal Highway Administration (FHWA). Federal funds shall not be paid
on account of any cost incurred prior to authorization by the FHWA to the Department to proceed with the project or part
thereof involving such cost. (23 CFR 1,9 (a)). If FHWA or the Department determines that any amount claimed is not
eligible, federal participation may be approved in the amount determined to be adequately supported, the Department
shall notify the Agency in writing citing the reasons why items and amounts are not eligible for Federal participation.
Vv'here correctable non-compliance with provisions of law or FHWA requirements exists, federal funds may be withheld
until compliance is obtained. Vv'here non-compliance is not correctable, FHWA or the Department may deny participation
in parcel or project costs in part or in total.
1686
525-010-40
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For any amounts determined to be ineligible for federal reimbursement for which the Department has advanced payment,
the Agency shall promptly reimburse the Department for all such amounts within 90 days of written notice.
4.00 Project Estimate and Disbursement Schedule: Prior to the execution of this Agreement, a project schedule of
funding, shall be prepared by the Agency and approved by the Department. The Agency shall maintain said schedule of
funding, carry out the project and shall incur obligations against and make disbursements of project funds only in
conformity with the latest approved schedule of funding for the project. The schedule of funding may be revised by
mutual written agreement between the Department and the Agency. If revised, a copy of the revision should be forwarded
to the Department's Comptroller and to the Department's Federal-Aid Program Office. No increase or decrease shall be
effective unless it complies with fund participation requirements established in Exhibit "B" of this Agreement and is
approved by the Department's Comptroller.
5.00 Records:
5.01 Establishment and Maintenance of Accounting Records: Records of costs incurred under terms of this
Agreement shall be maintained and made available upon request to the Department at all times during the period ofthis
Agreement and for five(S) years after final payment is made. Copies of these documents and records shall be furnished
to the Department upon request. Records of costs incurred includes the Agency's general accounting records and the
project records, together with supporting documents and records, ofthe Agency and all subcontractors performing work
on the project and all other records of the Agency and subcontractors considered necessary by the Department for a
proper audit of costs. If any litigation, claim, or audit is started before the expiration of the five(S) year period, the records
shall be retained until all litigation, claims, or audit findings involving the records have been resolved.
5.02 Costs Incurred for the Project: The Agency shall charge to the project account all eligible costs of the project.
Costs in excess of the latest approved schedule of funding or attributable to actions which have not received the required
approval of the Department shall not be considered eligible costs.
5.03 Documentation of Project Costs: All costs charged to the project, including any approved services contributed by
the Agency or others, shall be supported by properly executed payrolls, time records, invoices, contracts or vouchers
evidencing in proper detail the nature and propriety of the charges.
5,04 Audit Reports: Recipients of Federal and State funds are to have audits done annually using the following criteria:
Federal awards are to be identified using the Catalog of Federal Domestic Assistance (CFDA) title and number, award
number and year, and name of the awarding federal agency. State awards will be identified using the Catalog of State
Financial Assistance (CSFA) title and number, award number and year, and name of the awarding State Agency.
In the event that a recipient expends $300,000 or more in federal awards in its fiscal year, the recipient must have a single
or program specific audit conducted in accordance with the United States Office of Management and Budget (OMB)
Circular A-133.
If a recipient expends less than $300,000 in federal awards during its fiscal year, an audit conducted in accordance with
the OMB Circular A-133 is not required, If a recipient expends less than $300,000 in federal awards during its fiscal year
and elects to have an audit conducted in accordance with OMB Circular A-133, the cost of the audit must be paid from
non-federal funds.
Reporting Packages and management letters generated from audits conducted in accordance with OMB Circular
A-133 shall be submitted to the awarding FDOT office, by the recipient, within 30 days of receiving it. The aforementioned
items are to be received by the appropriate FDOT office no later than 9 months after the end of the recipient's fiscal year.
1 ~Ro6
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The recipient shall follow up and take corrective action on audit findings. Preparation of a summary schedule of prior year
audit findings, including corrective action and current status of the audit finding is required. Current year audit findings
require corrective action and status of finding.
Records related to unresolved audit findings, appeals, or litigation shall be retained until the action is completed or the
dispute is resolved. Access to project records and audit work papers shall be given to the FDOT, the Comptroller, and
the Office of the Auditor General.
The recipient shall submit required audit documentation as follows:
A Reporting Package and Data Collection Form for each audit conducted in accordance with OMB Circular A-133 shall
be sent to:
Federal Audit Clearinghouse
Bureau of the Census
1201 East 10th Street
Jefferson, IN 47132
5.05 Inspection: The Agency shall permit, and shall require its contractors to permit, the Department's authorized
representatives and authorized agents of the Federal Highway Administration to inspect all work, workmanship, materials,
payrolls, records and to audit the books, records and accounts pertaining to the financing and development of the project.
The Department reserves the right to unilaterally cancel this Agreement for refusal by the Agency or any contractor, sub-
contractor or materials vendor to allow public access to all documents, papers, letters or other material subject to the
provisions of Chapter 119, Florida Statutes, and made or received in conjunction with this Agreement.
(Section 287.058(1)(c), Florida Statutes)
5,06 Uniform Relocation Assistance and Real Property Statistical Report: For any project requiring additional right of
way, the Agency must submit to the Department an annual report of its real property acquisition and relocation assistance
activities on the project. Activities shall be reported on a federal fiscal year basis, from October 1 through September 30.
The report must be prepared using the format prescribed in 49 CFR 24, Appendix B and be submitted to the Department
no later than October 15 each year.
6,00 Requisitions and Payments: Requests for reimbursement for fees or other compensation for services or expenses
incurred shall be submitted in detail sufficient for a proper pre-audit and post-audit thereof. (Section 287.058(1)(a), Florida
Statutes)
All recipients of funds from this agreement, including those contracted by the Agency, must submit bills for any travel
expenses, when authorized by the terms of this agreement, in accordance with Section 112.061 Florida Statutes and
Chapter 3- Travel of the Department's Disbursement Operations Manual, Topic 350-030-400.
(Section 287.058(1)(b), Florida Statutes)
If, after project completion, any claim is made by the Department resulting from an audit or for work or services performed
pursuant to this Agreement, the Department may offset such amount from payments due for work or services done under
any agreement which it has with the Agency owing such amount if, upon demand, payment ofthe amount is not made
within sixty (60) days to the Department. Offsetting any amount pursuant to this section shall not be considered a breach
of contract by the Department.
16,,66
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7.00 The Department's Obligations: Subject to other provisions hereof, the Department will honor requests for
reimbursement to the Agency in amounts and at times deemed by the Department to be proper to ensure the carrying out
of the project and payment of the eligible costs, However, notwithstanding any other provision of this Agreement, the
Department may elect, by notice in writing, not to make a payment if:
7.01 Misrepresentation: The Agency shall have made misrepresentation of a material nature in its application, or any
supplement thereto or amendment thereof, or in or with respect to any document or data furnished therewith or pursuant
hereto;
7.02 Litigation: There is then pending litigation with respect to the performance by the Agency of any of its duties or
obligations which may jeopardize or adversely affect the project, this Agreement or payments to the project;
7.03 Approval by Department: The Agency shall have taken any action pertaining to the project, which under this
Agreement, requires the approval of the Department or has made related expenditure or incurred related obligations
without having been advised by the Department that same are approved;
7.04 Conflict of Interests: There has been any violation of the conflict of interest provisions contained herein in 12.06; or
7.05 Default: The Agency has been determined by the Department to be in default under any of the provisions of the
Agreement.
7.06 Federal Participation: The Department may suspend or terminate payment for that portion of the project which the
FHWA, or the Department acting in lieu of the FHWA, may designate as ineligible for federal-aid.
7.07 Disallowed Costs: In determining the amount of the payment, the Department will exclude all project costs incurred
by the Agency prior to the effective date of this Agreement or the date of authorization, costs incurred after the expiration
of the Agreement, costs which are not provided for in the latest approved schedule of funding for the project, and costs
attributable to goods or services received under a contract or other arrangements which have not been approved in writing
by the Department.
7,08 Final Invoices: The Agency must submit the final invoice on the project to the Department within one hundred twenty
(120) days after the completion ofthe project. Invoices submitted after the one hundred twenty (120) day time period may
not be paid.
8.00 Tennination or Suspension of Project:
8.01 Termination or Suspension Generally: The Department may, by written notice to the Agency, suspend any or all of
its obligations under this Agreement until such time as the event or condition resulting in such suspension has ceased or
been corrected, or the Department may terminate this Agreement in whole or in part at any time the interest of the
Department requires such termination.
If the Department determines that the performance of the Agency is not satisfactory, the Department shall have the option
of (a) immediately terminating this Agreement or (b) suspending this Agreement and notifying the Agency of the deficiency
with a requirement that the deficiency be corrected within a specified time, otherwise the Agreement will be tenninated at
the end of such time. Suspension of the contract will not affect the time period for completion of this Agreement.
If the Department requires termination of this Agreement for reasons other than unsatisfactory performance of the Agency,
the Department shall notify the Agency of such termination, with instructions as to the effective date of tennination or
specify the stage of work at which this Agreement is terminated.
If this Agreement is terminated before perfonnance is completed, the Agency shall be paid for the work satisfactorily
performed. Payment is to be on the basis of substantiated costs.
8.02 Action Subsequent to Notice of Tennination or Suspension. Upon receipt of any final termination or suspension
notice under this paragraph, the Agency shall proceed promptly to carry out the actions required therein which may
include any or all of the following: (a) necessary action to terminate or suspend, as the case may be, project activities and
contracts and such other action as may be required or desirable to keep to the minimum the costs upon the basis of which
the financing is to be computed; (b) furnish a statement of the project activities and contracts, and other undertakings the
cost of which are otherwise includable as project costs, The termination or suspension shall be carried out in conformity
with the latest schedule, plan, and costs approved by the Department or upon the basis of terms and conditions
lfti6
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imposed by the Department upon the failure of the Agency to furnish the schedule, plan, and estimate within a reasonable
time. The closing out of federal financial participation in the project shall not constitute a waiver of any claim which the
Department may otherwise have arising out ofthis Agreement.
9.00 Contracts of the Agency:
9.01 Third Party Agreements: Except as otherwise authorized in writing by the Department, the Agency shall not
execute any contract or obligate itself in any manner requiring the disbursement of Department funds, including consultant
or construction contracts or amendments thereto, with any third party with respect to the project without the written
approval of the Department. Failure to obtain such approval shall be sufficient cause for nonpayment by the Department.
The Department specifically reserves unto itself the right to review the qualifications of any consultant or contractor and to
approve or disapprove the employment of the same.
9.02 Compliance with Consultants' Competitive Negotiation Act: It is understood and agreed by the parties hereto
that participation by the Department in a project with an Agency, where said project involves a consultant contract for
engineering, architecture or surveying services, is contingent on the Agency complying in full with provisions of Section
287.055, Florida Statutes, Consultants Competitive Negotiation Act. At the discretion of the Department, the Agency will
involve the Department in the Consultant Selection Process for all projects. In all cases, the Agency's attorney shall
certify to the Department that selection has been accomplished in compliance with the Consultants' Competitive
Negotiation Act.
10.00 Disadvantaged Business Enterprise (DBE) Policy and Obligation:
10.01 DBE Policy: It is the policy ofthe Department that disadvantaged business enterprises, as defined in 49 C.F.R.
Part 26, as amended, shall have the opportunity to participate in the performance of contracts financed in whole or in part
with Department funds under this Agreement. The DBE requirements of applicable federal and state regulations apply to
this Aareement.
10.02 DBE Obligation: The Agency and its contractors agree to ensure that Disadvantaged Business Enterprises as
defined in applicable federal and state regulations, have the opportunity to participate in the performance of contracts and
this Agreement. In this regard, all recipients and contractors shall take all necessary and reasonable steps in accordance
with applicable federal and state regulations, to ensure that the Disadvantaged Business Enterprises have the opportunity
to compete for and perform contracts. The Agency shall not discriminate on the basis of race, color, national origin or sex
in the award and performance of Department assisted contracts,
10,03 Disadvantaged Business Enterprise (DBE) Obligations: If Federal Transit Administration or FHWA Funding is a
part of this project, the Agency must comply with applicable federal and state regulations.
11.00 Certification Regarding Debarment, Suspension, Ineligibility, and Voluntary Exclusion (Applicable to all
federal-aid contracts - 49 CFR 29)
By signing and submitting this Agreement, the Agency is providing the certification set out below:
The inability of the Agency to provide the certification set out below will not necessarily result in denial of participation in
this covered transaction. The Agency shall submit an explanation of why it cannot provide the certification set out
below. The certification or explanation will be considered in connection with the Department's determination whether to
enter into this transaction. However, failure of the Agency to furnish a certification or an explanation shall disqualify the
Agency from participation in this transaction.
The certification in this clause is a material representation of fact upon which reliance was placed when the Department
determined to enter into this transaction. If it is later determined that the Agency knowingly rendered an erroneous
certification, in addition to other remedies available, the Department may tenninate this transaction for cause of default.
The Agency shall provide immediate written notice to the Department if any time the Agency learns that its certification was
erroneous when submitted or has become erroneous by reason of changed circumstances. The terms "covered
"debarred," "suspended," ineligible," "lower tier covered transaction," "participant," "person," primary covered transaction,"
"principal," "proposal," and "voluntarily excluded," as used in this clause, have the meanings set out in the Definitions and
Coverage sections of rules implementing Executive Order 12549. Contact the Department for assistance in obtaining a
copy of those regulations,
1 QJlp
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The Agency further agrees by executing this Agreement that it shall not knowingly enter into any contracts with a person
who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction,
unless authorized by the Department.
The Agency further agrees by submitting this Agreement that it will include the clause titled "Certification Regarding
Debannent, Suspension, Ineligibility and Voluntary Exclusion-Lower Tier Covered Transaction," provided by the
Department, without modification, in all contracts and in all solicitations for contracts.
The Agency may rely upon a certification of a prospective sub-contractor that the person or entity is not debarred,
suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is
erroneous. The Agency may decide the method and frequency by which it determines the eligibility of its sub-contractors.
The Agency may, but is not required to, check the nonprocurement portion of the "Lists of Parties Excluded From Federal
Procurement or Nonprocurement Programs" (Nonprocurement List) which is compiled by the General Services
Administration.
Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render
in good faith the certification required by this clause. The knowledge and information of the Agency is not required to
exceed that which is nonnally processed by a prudent person in the ordinary course of business dealings.
Unless authorized by the Department, if the Agency knowingly enters into a contract with a person who is suspended,
debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available,
the Department may tenninate this agreement for cause or default.
Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion:
The Agency certifies, by execution of this Agreement, that neither it nor its principals is presently debarred, suspended,
proposed for debannent, declared ineligible, or VOluntarily excluded from participation in this transaction by any Federal
department or agency.
Where the Agency is unable to certify to any of the statements above, an explanation shall be attached to this
proposal.
12,00 Restrictions, Prohibitions, Controls, and labor Provisions:
12.01 Equal Employment Opportunity: In connection with the performance of any project, the Agency shall not
discriminate against any employee or applicant for employment because of race, age, religion, color, sex, national origin,
disability or marital status, The Agency will take affirmative action to ensure that applicants are employed and that
employees are treated during employment without regard to their race, age, religion, color, gender, national origin,
disability or marital status. Such action shall include, but not be limited to, the following: employment upgrading,
demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of payor other forms of
compensation; and selection for training, including apprenticeship. The Agency shall insert the foregoing provision in all
contracts modified only to show the particular contractual relationship in all its contracts in connection with the
development of operation of the project, except contracts for the standard commercial supplies or raw materials, and shall
require all such contractors to insert a similar provision in all subcontracts, except subcontracts for standard commercial
supplies or raw materials. When the project involves installation, construction, demolition, removal, site improvement, or
similar work, the Agency shall post, in conspicuous places available to employees and applicants for employment for
project work, notices to be provided by the Department setting forth the provisions of the nondiscrimination clause.
12.02 Title VI - Civil Rights Act of 1964: The Agency will comply with all the requirements imposed by Title VI of the
Civil Rights Act of 1964 (42 U.S,C. 2000d), the Regulations of the Federal Department of Transportation issued
thereunder, and the assurance by the Agency pursuant thereto.
The Agency shall include provisions in all contracts with third parties that ensure compliance with Title VI ofthe Civil
Rights Act of 1964, 49 C.F.R., Part 21, and related statutes and regulations.
12,03 Americans with Disabilities Act of 1990 (ADA): The Agency will comply with all the requirements as imposed by
the ADA, the regulations of the federal government issued thereunder, and assurance by the Agency pursuant thereto,
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12.04 Public Entity Crime: A person or affiliate who has been placed on the convicted vendor list following a conviction
for a public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not
submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not
submit bids on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier,
subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity in
excess of the threshold amount provided in Section 287.017, Florida Statutes for CATEGORY TWO for a period of 36
months from the date of being placed on the convicted vendor list.
12.05 Discrimination: In accordance with Section 287,134, Florida Statutes, an entity or affiliate who has been placed on
the Discriminatory Vendor List, maintained by the Florida Department of Management Services, may not submit a bid on a
contract to provide goods or services to a public entity; may not submit a bid on a contract with a public entity for the
construction or repair of a public building or public work; may not submit bids on leases of real property to a public entity;
may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any
public entity; and may not transact business with any public entity.
12.06 Prohibited Interests: Neither the Agency nor any of its contractors or their subcontractors, shall enter into any
contract, subcontract, or arrangement in connection with the project or any property included or planned to be included in
the project in which any member, officer, or employee of the Agency or the locality during his tenure, or for two years
thereafter, has any interest, direct or indirect. If any such present or former member, officer, or employee involuntarily
acquires or had acquired any such interest prior to the beginning of his tenure, and if such interest is immediately
disclosed to the Agency, the Agency with prior approval of the Department may waive the prohibition contained in this
subsection, provided, that any such present member, officer or employee shall not participate in any action by the Agency
or the locality relating to such contract, subcontract, or arrangement.
The Agency shall insert in all contracts entered into in connection with the project or any property included or planned to
be included in any project, and shall require its contractors to insert in each of it's subcontracts, the following provision:
"No member, officer or employee of the Agency or of the locality during his tenure, or for two years thereafter,
shall have any interest, direct or indirect, in this contract or the proceeds thereof."
The provisions of this subsection shall not be applicable to any agreement between the Agency and its fiscal
depositories, or to any agreement for utility services the rates for which are fixed or controlled by a governmental agency.
12.07 Interest of Members of or Delegate to, Congress: No member of or delegate to the Congress of the United
States shall be admitted to any share or part of the Agreement or any benefit arising therefrom.
13.00 Miscellaneous Provisions:
13.01 Environmental Regulations: The Agency will be solely responsible for compliance with all applicable
environmental regulations and for any liability arising from non-compliance with these regulations and will reimburse the
Department for any loss incurred in connection therewith. The Agency will be responsible for securing any applicable
permits,
13.02 Department Not Obligated to Third Parties: The Department shall not be obligated or liable hereunder to any
party other than the Agency.
13.03 When Rights and Remedies Not Waived: In no event shall the making by the Department of any payment to the
Agency constitute or be construed as a waiver by the Department of any breach of covenant or any default which may
then exist on the part of the Agency and the making of such payment by the Department, while any such breach or default
shall exist, shall in no way impair or prejudice any right or remedy available to the Department with respect to such breach
or default.
13.04 How Agreement Is Affected by Provisions Being Held Invalid: If any provision of this Agreement is held invalid,
the remainder of this Agreement shall not be affected. In such an instance the remainder would then continue to conform
to the terms and requirements of applicable law.
13.05 Bonus or Commission: By execution of the Agreement, the Agency represents that it has not paid and, also,
agrees not to pay, any bonus or commission for the purpose of obtaining an approval of its application for the financing
hereunder.
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13.06 State Law: Nothing in the Agreement shall require the Agency to observe or enforce compliance with any provision
thereof, perform any other act or do any other thing in contravention of any applicable state law, provided, that if any ofthe
provisions ofthe Agreement violate any applicable state law, the Agency will at once notify the Department in writing in
order that appropriate changes and modifications may be made by the Department and the Agency to the end that the
Agency may proceed as soon as possible with the project.
13.07 Contractual Indemnity: To the extent permitted by law, the Agency shall indemnify, defend, save, and hold
harmless the Department and all its officers, agents and employees from any claim, loss, damage, cost, charge or
expense arising out of any act, error, omission or negligent act by the Agency, its officers, agents or employees during the
performance of the Agreement except that neither the Agency, its officers, agents or its employees will be liable under this
paragraph for any claim, loss, damage, cost, charge or expense arising out of any act, error, omission or negligent act by
the Department or any of its officers, agents or employees during the performance of the Agreement.
When the Department receives a notice of claim for damages that may have been caused by the Agency in the
performance of services required under this Agreement, the Department will immediately forward the claim to the Agency,
The Agency and the Department will evaluate the claim and report their findings to each other within 14 working days and
will jointly discuss options in defending the claim. After reviewing the claim, the Department will determine whether to
require the participation of the Agency in the defense of the claim or to require the Agency defend the Department in such
claim as described in this section. The Department's failure to promptly notify the Agency of a claim shall not act as a
waiver of any right herein to require the participation in or defense of the claim by the Agency. The Department and the
Agency will each pay its own expenses for the evaluation, settlement negotiations, and trial, if any. However, if only one
party participates in the defense of the claim at trial, that party is responsible for all expenses at trial.
The parties agree that this clause shall not waive the benefits or provisions of Section 768,28, Florida Statutes, or any
similar provision of law.
13.08 Plans and Specifications: In the event that this Agreement involves constructing and equipping of facilities on the
State Highway System, the Agency shall submit to the Department for approval all appropriate plans and specifications
covering the project. The Department will review all plans and specifications and will issue to the Agency written approval
with any approved portions ofthe project and comments or recommendations covering any remainder of the project
deemed appropriate. After resolution ofthese comments and recommendations to the Department's satisfaction, the
Department will issue to the Agency written approval regarding the remainder of the project. Failure to obtain this written
approval shall be sufficient cause for nonpayment by the Department.
13.09 Right of Way Certification: Upon completion of right of way activities on the project, the Agency must certify
compliance with all applicable federal and state requirements. Certification is required prior to advertisement for or
solicitation of bids for construction of the project, including those projects for which no right of way is required.
13.10 Agency Certification: The Agency will certify in writing I prior to project closeout, that the project was completed
in accordance with applicable plans and specifications, is in place on the Agency facility, that adequate title is in the
Agency, and that the project is accepted by the Agency as suitable for the intended purpose.
13.11 Agreement Format: All words used herein in the singular form shall extend to and include the plural. All words
used in the plural form shall extend to and include the singular. All words used in any gender shall extend to and include
all genders.
13,12 Execution of Agreement: This Agreement may be simultaneously executed in a minimum of two counterparts,
each of which so executed shall be deemed to be an original, and such counterparts together shall constitute one in the
same instrument.
13.13 Restrictions on Lobbying:
Federal: The Agency agrees that no federally appropriated funds have been paid, or will be paid by or on behalf of the
Agency, to any person for influencing or attempting to influence any officer or employee of any federal agency, a member
of Congress an officer or employee of Congress, or an employee of a member of Congress in connection with the
awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any
cooperative agreement, and the extension, continuation, renewal, amendment or modification of any federal contract,
grant, loan, or cooperative agreement.
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If any funds other than federally appropriated funds have been paid by the Agency to any person for influencing or
attempting to influence an officer or employee of any federal agency, a member of Congress, an officer or employee of
Congress, or an employee of a member of Congress in connection with this Agreement, the undersigned shall complete
and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions.
The Agency shall require that the language of this section be included in the award documents for all subawards at all tiers
(including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all
subrecipients shall certify and disclose accordingly.
State: No funds received pursuant to this contract may be expended for lobbying the Legislature or a state agency.
13.14 Maintenance: The Agency agrees to maintain any project not on the State Highway System, constructed under
this Agreement. If the Agency constructs any improvement on Department right-of-way, the Agency e will 0 will not
maintain the improvements made for their useful life.
13.15 Vendors Rights: Vendors (in this document identified as Agency) providing goods and services to the Department
should be aware of the following time frames. Upon receipt, the Department has five 5 working days to inspect and
approve the goods and services unless the bid specifications, purchase order, or contract specifies otherwise. The
Department has twenty (20) days to deliver a request for payment (voucher) to the Florida Department of Financial
Services. The twenty (20) days are measured from the latter of the date the invoice is received or the goods or services
are received, inspected, and approved.
If a payment is not available within forty (40) days after receipt of the invoice and receipt, inspection, and approval of
goods and services, a separate interest penalty in accordance with Section 215.422(3)(b), Florida Statutes, will be due
and payable, in addition to the invoice amount to the Agency. Interest penalties of less than one dollar ($1) will not be
enforced unless the Agency requests payment. Invoices which have to be retumed to an Agency because of Agency
preparation errors will result in a delay in the payment. The invoice payment requirements do not start until a properly
completed invoice is provided to the Department.
A Vendor Ombudsman has been established within the Florida Department of Financial Services. The duties of this
individual include acting as an advocate for Agencies who may be experiencing problems in obtaining timely payment(s)
from the Department. The Vendor Ombudsman may be contacted at (850)410-9724 or by calling the State Comptroller's
Hotline at 1-800-848-3792.
AGENCY
EOF, the parties have caused these presents to be executed the day and year first above written.
~d~
By: ,,' I"."",
Title: BoCC Chairm~::~:,.~~~~:..
Attest: Jfr;/lA - 4::,~?~?<..~)V', "
Title: Clerk ,~' ,:: ,.!:,," ' ,'-i;o ~:~
Attest as ~,j:, C~,~~, ,; ,"
1 t 'f' fll/,," ,~. "
S gila ure Oft'" Of' '~, '1'\'-' .-
. "~r,.: . ,....:r.....;L"-~..,,.~':.:'.CO:..,.
. ',~'_'~~,~...c.-"'......".... ....t.,J.,.. ,
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DEPAR'T,M M~E ,3, OF T~NSPORTATION
/~~-
By:
T
'- "'-
Attest:: ~L~_)-..f)---l1dd O~
Title: xecutive Secretary
As to form:
~:.,. -f\d3kI"(j
District Attorney
See attached Encumbrance Form for date of funding approval by Comptroller.
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FPN NO,404677-1
EXHIBIT A
Project Description and Responsibilities
This exhibit forms an integral part of that certain Reimbursement Agreement between the State of Florida, Department of
Transportation and
Collier County
Dated 3/ /~/oL{
PROJECT LOCATION:
CR 29 at Barron River to Broadway
The project 0 is G> is not on the National Highway System.
The project 0 is G> is not on the State Highway System.
PROJECT DESCRIPTION:
Installation of sidewalks along CR 29 from the Barron River Bridge south to the Traffic Circle at Copeland. In addition, the
project involves painting out bike lanes along Copeland.
SPECIAL CONSIDERATION BY AGENCY:
See Attachment Page 1.
SPECIAL CONSIDERATION BY DEPARTMENT:
The Department shall reimburse the Agency, subject to funds availability, in the year programmed (currently FY 03/04).
." u "_ __'R_,__,~"_,,_,,~"_,_"'_'___M"_"~'-""
Special Consideration by Agency:
All work to be conducted outside of the Department Right-of-Way shall adhere to the 2002 Florida Greenbook standards, as
amended.
All work to be conducted within Department Right-of-Way shall adhere to the following:
(1) The FDOT standard specification for road and bridge construction, 2004 edition as amended, and
(2) The FDOT roadway and traffic design standard, 2004 edition as amended and design criteria from the PPM, 2003 edition
as amended.
For all projects the following will apply:
a) Section 287.055, F.S. "Consultants Competitive Negotiation Act"
b) FDOT "Project Development and Environmental Manual," where applicable
c) The Local Agency Program Manual
The Agency will inform the Department in writing of the commencement and completion of the project. Upon completion of
the project, the Department will have forty-five (45) days after receipt of the Agency's invoice to review, inspect and approve
the project for payment.
1 6 Bs-go
ATIACHMENT PAGE 1
The Department shall reimburse the Agency, subject to funds availability, in the year programmed (currently FY 03/04),
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AGENCY NAME & BILLING ADDRESS FPN. NO.
STATE OF FLORDA OEPARlMENT OF TRANSPORTATION 404677-1
Collier County LOCAL AGENCY PROGRAM
Attn: Finance Department AGREEMENT
2671 Airport Road EXHIBIT "B"
Naples, Florida 34112 SCHEDULE OF FUNDING
PROJECT DESCRIPTION
Name Sidewalks/bike lanes
Termini CR 29 from Barron River to the traffic circle at Copeland
Length
FUNDING
(1) (2) (3)
TOTAL AGENCY STATE &
TYPE OF WORK by Fiscal Year PROJECT FUNDS FUNDS FEDERAL FUNDS
P.E. 2003-2004 $31,227.00 $31,227.00
2004-2005
2005-2006
Total PE $31,227.00 $0.00 $31,227.00
Right-of-Way 2003-2004
2004-2005
2005-2006 - - -
Total Rinht-of-W"" Cost $0.00 $0.00 $0.00
Construction 2003-2004 $176,953.00 $176,953.00
2004-2005
2005-2006
2006-2007 _.
Total Contract Costs $176,953.00 $0.00 $176,953.00
Construction Engineering and Inspection
2003-2004 $0.00 $0.00
2004-2005
2005-2006
$0.00 $0.00 $0.00
Total Construction Engineering
Total Construction Cost $176,953.00 $0.00 $176,953.00
ESTIMATED TOTAL COST OF THE $208,180.00 $0.00 $208,180.00
PROJECT
The Department's fiscal year begins on July 1. For this project, funds are not projected to be available until after
The Department will notify the Agency, In writing, when funds are available.
July
1st each fiscal year.
*Currently funds are available for the Preliminary Engineering activities only. A Written Notice To Proceed will be
issued to the Agency when additional funds become available for additional phases. The Agency must notify the
Department upon project completion and prior to invoicing the Department for reimbursement.
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LOCAL AGENCY PROGRAM AGREEMENT
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FPN N0412646-1 Fund: XL FLAIR Approp:
Federal No: Org. Code: 55014010106 FLAIR Obj.:
FPN No. Fund: FLAIR Approp:
Federal No: Org. Code: FLAIR Obj.:
County No. 03 _ Contract No: Vendor No.: F 596000558102
Catalog of Federal Domestic Assistance (CFDA): 20.205 Highway Planning and Const,uction
THIS AGREEMENT, made and entered into this day of ,
by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION. arl aqency ofthe State of Florida.
hereinafter called the Department, and Collier County; 2671 Airport Rd,. Naples, Florida 34112
hereinafter called the Agency.
WIT N E SSE T H:
WHEREAS, the Agency has the authority to enter into said Agreement and to undertake the project hereinafter described,
and the Department has been granted the authority to function adequately in all areas of appropriate jurisdiction including
the implementation of an integrated and balanced transportation system and is authorized under Section 334.044, Florida
Statutes to enter into this Agreement;
NOW, THEREFORE, in consideration of the mutual covenants, promises and representations herein, the parties agree as
follows:
1.00 Purpose of Agreement: The purpose of this Agreement is to provide for the Department's participation in
Traffic Ooerations Imorovement and as further described in Exhibit "A" attached hereto and by this reference made a part
hereof, hereinafter called the project, and to provide departmental financial assistance to the Agency and state the terms
and conditions upon which such assistance will be provided and the understandings as to the manner in which the project
will be undertaken and completed.
1.01 Modifications and Additions: Exhibit(s) A and B are attached hereto and by this reference made a part hereof.
2.00 Accomplishment of the Project:
2.01 General Requirements: The Agency shall commence, and complete the project as described in EXHIBIT "A" with
all practical dispatch, in a sound, economical, and efficient manner, and in accordance with the provisions herein, and all
applicable laws. The project will be performed in accordance with all applicable Department procedures, guidelines,
manuals, standards, and directives as described in the Department's Local Agency Program Manual, which by this
reference is made a part hereof as if fully set forth herein.
A full time employee of the Agency, qualified to ensure that the work being pursued is complete, accurate, and consistent
with the terms, conditions, and specifications of this Agreement shall be in charge of each project.
2.02 Expiration of Agreement: The Agency agrees to complete the project on or before 06/30/2005
If the Agency does not complete the project within this time period, this Agreement will expire on the last day of scheduled
completion as provided in this paragraph unless an extension of the time period is requested by the Agency and granted in
writing by the Departrrient prior to the expiration of the Agreement. Expiration of this Agreement will be considered
termination of the project. The cost of any work performed after the expiration date of the Agreement will not be
reimbursed by the Department.
2.03 Pursuant to Federal, State, and Local Law: In the event that any election, referendum, approval, permit, notice, or
other proceeding or authorization is requisite under applicable law to enable the Agency to enter into this Agreement or to
undertake the project hereunder, or to observe, assume or carry out any of the provisions of the Agreement, the Agency
will initiate and consummate, as provided by law, all actions necessary with respect to any such matters so requisite.
2.04 Funds of the Agency: The Agency shall initiate and prosecute to completion all proceedings necessary, including
Federal-aid requirements, to enable the Agency to provide the necessary funds for completion of the project.
,.
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,"",' 1
2.05 Submission of Proceedings, Contracts, and Other Documents: The Agency shall submit to the Department
such data, reports, records, contracts, and other documents relating to the project as the Department and the Federal
Highway Administration may require,
3.00 Project Cost:
3.01 Total Cost: The estimated total cost of the project is $ 259,020.00 . This amount is based upon
the schedule of funding in Exhibit "8" attached hereto and by this reference made a part hereof. The Agency agrees to
bear all expenses in eXCt~SS of the total cost of the project and any deficits involved. The schedule of funding may be
modified by mutual agreement as provided for in paragraph 4.00 of this agreement.
3.02 Department Participati;:Jn: The Department agrees to participate, including contingencias, in the project cost to the
extent provided in Exhibit "B". This amount includes Federal-aid funds which are limited to the actual amount of
Federal-aid participation.
3.03 Limits on Department Funds: Project costs eligible for Department participation will be allowed only from the date
of this Agreement. It is understood that Department participation in eligible project costs is subject to:
a) Legislative approval of the Department's appropriation request in the work program year that the project is
scheduled
b) Availability of funds as stated in paragraphs 3.04 and 3.05 of this Agreement;
c) Approval of all plans, specifications, contracts or other obligating documents and all other terms of this Agreement;
d) Department approval of the project scope and budget at the time appropriation authority becomes available.
3.04 Appropriation of Funds: The Department's performance and obligation to pay under this Agreement is contingent
upon an annual appropriation by the Legislature. If the Department's funding for this project is in multiple fiscal years,
funds approval from the Department's Comptroller must be received each fiscal year prior to costs being incurred. See
Exhibit 8 for funding levels by fiscal year. Project costs utilizing these fiscal year funds are not eligible for reimbursement
if incurred prior to funds approval being received. The Department will notify the Agency, in writing, when funds are
available,
3.05 Multi-Year Commitment: In the event this Agreement is in excess of $25,000 and has a term for a period of more
than one year, the provisions of Section 339.135(6)(a), Florida Statutes, are hereby incorporated:
"The department, during any fiscal year, shall not expend money, incur any liability, or enter into any contract
which, by its terms, involves the expenditure of money in excess of the amounts budgeted as available for
expenditure during such fiscal year. Any contract, verbal or written, made in violation of this subsection is null
and void, and no money may be paid on such contract. The department shall require a statement from the
comptroller of the Department that funds are available prior to entering into any such contract or other binding
commitment of funds. Nothing herein contained shall prevent the making of contracts for periods exceeding 1
year, but any contract so made shall be executory only for the value of the services to be rendered or agreed
to be paid for in succeeding fiscal years, and this paragraph shall be incorporated verbatim in all contracts of
the Department which are for an amount in excess of $25,000 and which have a term for a period of more
than 1 year."
3.06 Notice to Proceed: No cost may be incurred under this contract until the Agency has received a Notice to Proceed
from the Department.
3.07 Limits on Federal Participation: Federal-aid funds shall not participate in any cost which is not incurred in
conformity with applicable federal and state law, the regulations in 23 C.F.R. and 49 C,F.R., and policies and procedures
prescribed by the Division Administrator of the Federal Highway Administration (FHWA), Federal funds shall not be paid
on account of any cost incurred prior to authorization by the FHWA to the Department to proceed with the project or part
thereof involving such cost. (23 CFR 1,9 (a)), If FHWA or the Department determines that any amount claimed is not
eligible, federal participation may be approved in the amount determined to be adequately supported, the Department
shall notify the Agency in writing citing the reasons why items and amounts are not eligible for Federal participation,
\Nhere correctable non-compliance with provisions of law or FHWA requirements exists, federal funds may be withheld
until compliance is obtained. Where non-compliance is not correctable, FHWA orthe Department may deny participation
in parcel or project costs in part or in total.
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For any amounts determined to be ineligible for federal reimbursement for which the Department has advanced payment, t... .,
the Agency shall promptly reimburse the Department for all such amounts within 90 days of written notice.
4.00 Project Estimate and Disbursement Schedule: Prior to the execution of this Agreement, a project schedule of
funding, shall be prepared by the Agency and approved by the Department. The Agency shall maintain said schedule of
funding, carry out the project and shall incur obligations against and make disbursements of project funds only in
conformity with the latest approved schedule of funding for the project. The schedule of funding may be revised by
mutual written agreement between the Department and the Agency, If revised, a copy of the revision snould be forwarded
to the Department's Comptroller and to the Department's Federal-Aid Program Office. No increase or decrease shall be
effective unless it complies with fund participation requirements established in Exhibit "B" of this Agreement and is
approved by the Department's Comptroller.
5.00 Records:
5.01 Establishment and Maintenance (If Accounting Records: Records of costs incurred under term~ of this
Agreement shall be maintained and made available upon request to the Department at all times during the period of this
Agreement and for five(5) years after final payment is made. Copies of these documents and records shall be fumished
to the Department upon request. Records of costs incurred includes the Agency's general accounting records and the
project records, together with supporting documents and records, of the Agency and all subcontractors performing work
on the project and all other records of the Agency and subcontractors considered necessary by the Department for a
proper audit of costs. If any litigation, claim, or audit is started before the expiration of the five(5) year period, the records
shall be retained until all litigation, claims, or audit findings involving the records have been resolved.
5.02 Costs Incurred for the Project: The Agency shall charge to the project account all eligible costs of the project.
Costs in excess of the latest approved schedule of funding or attributable to actions which have not received the required
approval of the Department shall not be considered eligible costs.
5.03 Documentation of Project Costs: All costs charged to the project, including any approved services contributed by
the Agency or others, shall be supported by properly executed payrolls, time records, invoices, contracts or vouchers
evidencing in proper detail the nature and propriety of the charges,
5.04 Audit Reports: Recipients of Federal and State funds are to have audits done annually using the following criteria:
Federal awards are to be identified using the Catalog of Federal Domestic Assistance (CFDA) title and number, award
number and year, and name of the awarding federal agency, State awards will be identified USing the Catalog of State
Financial Assistance (CSFA) title and number, award number and year, and name of the awarding State Agency,
In the event that a recipient expends $300,000 or more in federal awards in its fiscal year, the recipient must have a single
or program specific audit conducted in accordance with the United States Office of Management and Budget (OMB)
Circular A-133.
If a recipient expends less than $300,000 in federal awards during its fiscal year, an audit conducted in accordance with
the OMB Circular A-133 is not required. If a recipient expends less than $300,000 in federal awards during its fiscal year
and elects to have an audit conducted in accordance with OMB Circular A-133, the cost of the audit must be paid from
non-federal funds.
Reporting Packages and management letters generated from audits conducted in accordance with OMB Circular
A-133 shall be submitted to the awarding FOOT office, by the recipient, within 30 days of receiving it, The aforementioned
items are to be received by the appropriate FOOT office no later than 9 months after the end of the recipient's fiscal year.
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The recipient shall follow up and take corrective action on audit findings, Preparation of a summary schedule of prior year
audit findings, including corrective action and current status of the audit finding is required. Current year audit findings
require corrective action and status of finding.
Records related to unresolved audit findings, appeals, or litigation shall be retained until the action is completed or the
dispute is resolved. Access to project records and audit work papers shall be given to the FOOT, the Comptroller, and
the Office of the Auditor General.
The recipient shall submit required audit documentatjon as follows:
A Reporting Package and Data Collection Fonn fLr each audit conducted in accordance with OMS Circular A-133 shall
be sent to:
Federal Audit Clearinghouse
Bureau of the Census
1201 East 10th Street
Jefferson, IN 47132
5,05 Inspection: The Agency shall permit, and shall require its contractors to permit, the Department's authorized
representatives and authorized agents of the Federal Highway Administration to inspect all work, workmanship, materials,
payrolls, records and to audit the books, records and accounts pertaining to the financing and development of the project.
The Department reserves the right to unilaterally cancel this Agreement for refusal by the Agency or any contractor, sub-
contractor or materials vendor to allow public access to all documents, papers, letters or other material subject to the
provisions of Chapter 119, Florida Statutes, and made or received in conjunction with this Agreement.
(Section 287,058(1)(c), Florida Statutes)
5.06 Uniform Relocation Assistance and Real Property Statistical Report: For any project requiring additional right of
way, the Agency must submit to the Department an annual report of its real property acquisition and relocation assistance
activities on the project. Activities shall be reported on a federal fiscal year basis, from October 1 through September 30.
The report must be prepared using the fonnat prescribed in 49 CFR 24, Appendix B and be submitted to the Department
no later than October 15 each year.
6.00 Requisitions and Payments: Requests for reimbursement for fees or other compensation for services or expenses
incurred shall be submitted in detail sufficient for a proper pre-audit and post-audit thereof. (Section 287,058(1)(a), Florida
Statutes)
All recipients of funds from this agreement, including those contracted by the Agency, must submit bills for any travel
expenses, when authorized by the terms of this agreement, in accordance with Section 112.061 Florida Statutes and
Chapter 3-Travel of the Department's Disbursement Operations Manual, Topic 350-030-400,
(Section 287.058(1)(b), Florida Statutes)
If, after project completion, any claim is made by the Department resulting from an audit or for work or services performed
pursuant to this Agreement, the Department may offset such amount from payments due for work or services done under
any agreement which it has with the Agency owing such amount if, upon demand, payment of the amount is not made
within sixty (60) days to the Department. Offsetting any amount pursuant to this section shall not be considered a breach
of contract by the Department.
1,
525-010-40
CONS~T10N
. 11/03
Pa of 12
,
~
7.00 The Department's Obligations: Subject to other provisions hereof, the Department will honor requests for
reimbursement to the Agency in amounts and at times deemed by the Department to be proper to ensure the carrying out
of the project and payment of the eligible costs. However, notwithstanding any other provision of this Agreement, the
Department may elect, by notice in writing, not to make a payment if:
7.01 Misrepresentation: The Agency shall have made misrepresentation of a material nature in its application, or any
supplement thereto or amendment thereof, or in or with respect to any document or data furnished therewith or pursuant
hereto;
7.02 Litigation: There is then pending litigation with resp(;:ct to the performance by the Agency of any of its duties or
obligations which may jeopardize or adversely affect the pr )j(~ct, this Agreement or payments to the project;
7.03 Approval by Department: The Agency shall have tal'en any action pertaining to the project, which under this
Agreement, requires the approval of the Department or has made related expenditure or incurred related obligations
without having been advised by the Department that same are approved;
7.04 Conflict of Interests: There has been any violation of tlie conflict of interest provisions contained herein in 12.06; or
7.05 Default: The Agency has been determined by the Department to be in default under any of the provisions of the
Agreement.
7.06 Federal Participation: The Department may suspend or terminate payment for that portion of the project which the
FHWA, or the Department acting in lieu of the FHWA, may designate as ineligible for federal-aid.
7.07 Disallowed Costs: In determining the amount of the payment, the Department will exclude all project costs incurred
by the Agency prior to the effective date of this Agreement or the date of authorization, costs incurred after the expiration
of the Agreement, costs which are not provided for in the latest approved schedule of funding for the project, and costs
attributable to goods or services received under a contract or other arrangements which have not been approved in writing
by the Department.
7.08 Final Invoices: The Agency must submit the final invoice on the project to the Department within one hundred twenty
(120) days after the completion of the project. Invoices submitted after the one hundred twenty (120) day time period may
not be paid.
8.00 Tennination or Suspension of Project:
8.01 Termination or Suspension Generally: The Department may, by written notice to the Agency, suspend any or all of
its obligations under this Agreement until such time as the event or condition resulting in such suspension has ceased or
been corrected, or the Department may terminate this Agreement in whole or in part at any time the interest of the
Department requires such termination.
If the Department determines that the performance of the Agency is not satisfactory, the Department shall have the option
of (a) immediately terminating this Agreement or (b) suspending this Agreement and notifying the Agency of the deficiency
with a requirement that the deficiency be corrected within a specified time, otherwise the Agreement will be terminated at
the end of such time. Suspension of the contract will not affect the time period for completion of this Agreement.
If the Department requires termination of this Agreement for reasons other than unsatisfactory performance of the Agency,
the Department shall notify the Agency of such termination, with instructions as to the effective date of termination or
specify the stage of work at which this Agreement is terminated.
If this Agreement is terminated before performance is completed, the Agency shall be paid for the work satisfactorily
performed. Payment is to be on the basis of substantiated costs.
8.02 Action Subsequent to Notice of Tennination or Suspension. Upon receipt of any final termination or suspension
notice under this paragraph, the Agency shall proceed promptly to carry out the actions required therein which may
include any or all of the following: (a) necessary action to terminate or suspend, as the case may be, project activities and
contracts and such other action as may be required or desirable to keep to the minimum the costs upon the basis of which
the financing is to be computed; (b) furnish a statement of the project activities and contracts, and other undertakings the
cost of which are otherwise includable as project costs. The termination or suspension shall be carried out in conformity
with the latest schedule, plan, and costs approved by the Department or upon the basis of terms and conditions
525-010-40
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imposed by the Department upon the failure of the Agency to furnish the schedule, plan, and estimate within a reasonable
time, The closing out of federal financial participation in the project shall not constitute a waiver of any claim which the
Department may otherwise have arising out of this Agreement.
1687
9.00 Contracts of the Agency:
9.01 Third Party Agreements: Except as otherwise authorized in writing by the Department, the Agency shall not
execute any contract or obligate itself in any manner requiring the disbursement of Department funds, including consultant
o~ construction contracts or amendments thereto, with any third party with respect to the project without the written
approval of the Department. Failure to obtain such approval shall be sufficient cause for nonpayment by the Department.
The ['\epartment specifically reserves unto itself the right to review the qualifications of any consultant or contractor and to
aprreve or disapprove the employment of the same.
9.(;2 Compliance with Consultants' Competitive Negotiation Ac,: It is understood and agreed by the parties hereto
that ;>articipation by the Department in a project with an Agency, whei'e said project involves a consultant contract for
engineering, architecture or surveying services, is contingent on the Agency complying in full with provisions of Section
287,055, Florida Statutes, Consultants Competitive Negotiation Act At the discretion of the Department, the Agency will
involve the Department in the Consultant Selection Process for all prnjects. In all cases, the Agency's attorney shall
certify to the Department that selection has been accomplished in compliance with the Consultants' Competitive
Negotiation Act.
10.00 Disadvantaged Business Enterprise (DBE) Policy and Obligation:
10,01 DBE Policy: It is the policy of the Department that disadvantaged business enterprises, as defined in 49 C,F.R.
Part 26, as amended, shall have the opportunity to participate in the performance of contracts financed in whole or in part
with Department funds under this Agreement. The DBE requirements of applicable federal and state regulations apply to
this Aareement.
10.02 DBE Obligation: The Agency and its contractors agree to ensure that Disadvantaged Business Enterprises as
defined in applicable federal and state regulations, have the opportunity to participate in the performance of contracts and
this Agreement. In this regard, all recipients and contractors shall take all necessary and reasonable steps in accordance
with applicable federal and state regulations, to ensure that the Disadvantaged Business Enterprises have the opportunity
to compete for and perform contracts. The Agency shall not discriminate on the basis of race, color, national origin or sex
in the award and performance of Department assisted contracts.
10.03 Disadvantaged Business Enterprise (DBE) Obligations: If Federal Transit Administration or FHWA Funding is a
part of this project, the Agency must comply with applicable federal and state regulations.
11.00 Certification Regarding Debarment, Suspension, Ineligibility, and Voluntary Exclusion (Applicable to all
federal-aid contracts - 49 CFR 29)
By signing and submitting this Agreement, the Agency is providing the certification set out below:
The inability of the Agency to provide the certification set out below will not necessarily result in denial of participation in
this covered transaction. The Agency shall submit an explanation of why it cannot provide the certification set out
below. The certification or explanation will be considered in connection with the Department's determination whether to
enter into this transaction. However, failure of the Agency to furnish a certification or an explanation shall disqualify the
Agency from participation in'this transaction.
The certification in this clause is a material representation of fact upon which reliance was placed when the Department
determined to enter into this transaction. If it is later determined that the Agency knowingly rendered an erroneous
certification, in addition to other remedies available, the Department may terminate this transaction for cause of default.
The Agency shall provide immediate written notice to the Department if any time the Agency learns that its certification was
erroneous when submitted or has become erroneous by reason of changed circumstances. The terms "covered
"debarred,. "suspended,. ineligible,. "lower tier covered transaction,. "participant,. "person,. primary covered transaction,.
"principal,. "proposal,. and "voluntarily excluded," as used in this clause, have the meanings set out in the Definitions and
Coverage sections of rules implementing Executive Order 12549. Contact the Department for assistance in obtaining a
copy of those regulations.
1 6 525-010-40
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i
The Agency further agrees by executing this Agreement that it shall not knowingly enter into any contracts with a person
who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction,
unless authorized by the Department.
The Agency further agrees by submitting this Agreement that it will include the clause titled "Certification Regarding
Debarment, Suspension, Ineligibility and Voluntary Exclusion-Lower Tier Covered Transaction," provided by the
Department, without modification, in all contracts and in all solicitations for contracts.
The Agenl.~Y may rely upon a certification of a prospective sub-contractor that the person or entity is not debarred,
suspended ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is
erroneous. The Agency may decide the method and frequency by which it determines the eligibility of its sub-contractors.
The Agency may, but is not required to, check the nonprocurement portion Of tlte "Lists of Parties Excluded From Federal
ProcuremeLt or Nonprocurement Programs" (Nonprocurement List) wh:ch is compiled by the General Services
Administratic.n.
Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render
in good fait:~ the certification required by this clause. The knowledge and II/ormation of the Agency is not required to
exceed that wnich is normally processed by a prudent person in the ordinary course of business dealings.
Unless authorized by the Department, if the Agency knowingly enters into a contract with a person who is suspended,
debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available,
the Department may terminate this agreement for cause or default.
Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion:
The Agency certifies, by execution of this Agreement, that neither it nor its principals is presently debarred, suspended,
proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal
department or agency.
V\lhere the Agency is unable to certify to any of the statements above, an explanation shall be attached to this
proposal.
12,00 Restrictions, Prohibitions, Controls, and Labor Provisions:
12.01 Equal Employment Opportunity: In connection with the performance of any project, the Agency shall not
discriminate against any employee or applicant for employment because of race, age, religion, color, sex, national origin,
disability or marital status. The Agency will take affirmative action to ensure that applicants are employed and that
employees are treated during employment without regard to their race, age, religion, color, gender, national origin,
disability or marital status. Such action shall include, but not be limited to, the following: employment upgrading,
demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of payor other forms of
compensation; and selection for training, including apprenticeship. The Agency shall insert the foregoing provision in all
contracts modified only to show the particular contractual relationship in all its contracts in connection with the
development of operation of the project, except contracts for the standard commercial supplies or raw materials, and shall
require all such contractors to insert a similar provision in all subcontracts, except subcontracts for standard commercial
supplies or raw materials. V\lhen the project involves installation, construction, demolition, removal, site improvement, or
similar work, the Agency shall post, in conspicuous places available to employees and applicants for employment for
project work, notices to be provided by the Department setting forth the provisions of the nondiscrimination clause.
12.02 Title VI- Civil Rights Act of 1964: The Agency will comply with all the requirements imposed by Title VI of the
Civil Rights Act of 1964 (42 U.S.C. 2000d), the Regulations of the Federal Department of Transportation issued
thereunder, and the assurance by the Agency pursuant thereto.
The Agency shall include provisions in all contracts with third parties that ensure compliance with Title VI of the Civil
Rights Act of 1964, 49 C.F.R., Part 21, and related statutes and regulations,
12.03 Americans with Disabilities Act of 1990 (ADA): The Agency will comply with all the requirements as imposed by
the ADA, the regulations of the federal government issued thereunder, and assurance by the Agency pursuant thereto.
525-010-40
1 6 CONSTRUCTION
B 7 ~~~~~
12.04 Public Entity Crime: A person or affiliate who has been placed on the convicted vendor list fOlloWi~g a conviction
for a public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not
submit a bid on a contract with a public entity for the construction or repair of a public building or pUblic work, may not
submit bids on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier,
subcontractor, or consultant undera contract with any public entity; and may not transact business with any public entity in
excess of the threshold amount provided in Section 287.017, Florida Statutes for CATEGORY TWO for a period of 36
months from the date of being placed on the convicted vendor list.
12.05 Discrimination: In accordance with Section 287.134, Florida Statutes, an entity or affiliate who has been placed on
the Discriminatory Vendor List, maintained by the Florida Department of Management Services, may not submit a bid on a
contract to provide goods or services to a public entity; may not submit a bid on a contract with a public entity for the
construction or repair of a public building or public work; may not submit bids on leases of real property to a public entity;
may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any
public entity; and may !lot transact business with any public entity.
12.06 Prohibited Interests: Neither the Agency nor any of its contractors or their subcontractors, shall enter into any
contract, subcontract, or arrangement in connection with the project or any property included or planned to be included in
the project in which ani member, officer, or employee of the Agency or the locality duri,lg his tenure, or for two years
thereafter, has any interest, direct or indirect. If any such present or former member, officer, or employee involuntarily
acquires or had acquired any such interest prior to the beginning of his tenure, and if such interest is immediately
disclosed to the Agency, the Agency with prior approval of the Department may waive the prohibition contained in this
subsection, provided, that any such present member, officer or employee shall not participate in any action by the Agency
or the locality relating to such contract, subcontract, or arrangement.
The Agency shall insert in all contracts entered into in connection with the project or any property included or planned to
be included in any project, and shall require its contractors to insert in each of it's subcontracts, the following provision:
"No member, officer or employee of the Agency or of the locality during his tenure, or for two years thereafter,
shall have any interest, direct or indirect, in this contract or the proceeds thereof."
The provisions of this subsection shall not be applicable to any agreement between the Agency and its fiscal
depositories, or to any agreement for utility services the rates for which are fixed or controlled by a govemmental agency.
12.07 Interest of Members of or Delegate to, Congress: No member of or delegate to the Congress of the United
States shall be admitted to any share or part of the Agreement or any benefit arising therefrom.
13.00 Miscellaneous Provisions:
13,01 Environmental Regulations: The Agency will be solely responsible for compliance with all applicable
environmental regulations and for any liability arising from non-compliance with these regulations and will reimburse the
Department for any loss incurred in connection therewith. The Agency will be responsible for securing any applicable
permits,
13.02 Department Not Obligated to Third Parties: The Department shall not be obligated or liable hereunderto any
party other than the Agency.
13.03 When Rights and Remedies Not Waived: In no event shall the making by the Department of any payment to the
Agency constitute or be construed as a waiver by the Department of any breach of covenant or any default which may
then exist on the part of the Agency and the making of such payment by the Department, while any such breach or default
shall exist, shall in no way impair or prejudice any right or remedy available to the Department with respect to such breach
or default.
13.04 How Agreement Is Affected by Provisions Being Held Invalid: If any provision of this Agreement is held invalid,
the remainder of this Agreement shall not be affected. In such an instance the remainder would then continue to conform
to the terms and requirements of applicable law.
13.05 Bonus or Commission: By execution of the Agreement, the Agency represents that it has not paid and, also,
agrees not to pay, any bonus or commission for the purpose of obtaining an approval of its application for the financing
hereunder.
1 6 B CON~5~.~~~~~
Z OOc;jf11l03
PagTaof12
13.06 State Law: Nothing in the Agreement shall require the Agency to observe or enforce compliance wi any pr.ion
thereof, perform any other act or do any other thing in contravention of any applicable state law, provided, that if any of the
provisions of the Agreement violate any applicable state law, the Agency will at once notify the Department in writing in
order that appropriate changes and modifications may be made by the Department and the Agency to the end that the
Agency may proceed as soon as possible with the project.
13.07 Contractual Indemnity: To the extent permitted by law, the Agency shall indemnify, defend, save, and hold
harmless the Department and all its officers, agents and employees from any claim, loss, damage, cost, charge or
expense arising out of any act, error, omission or negligent act by the Agency, its officers, agents or employees during the
performance of the Agreement except that neither the Agency, its officers, agents or its employees will be liable under this
paragraph for any claim, loss, damage, cost, charge or expense arising out of any act, error, omission or negligent act by
the Department or any of its officers, agents or employees during the performance of the Agreement.
Vllhen the Department rEceives a notice of claim for damages that may have been caused by the Agency in the
performance of services required under this Agreement, the Department will immediately forward the claim to the Agency.
The Agency and the Department will evaluate the claim and report their findings to each other within 14 working days and
will jointly discuss optionf: in defending the claim. After reviewing the claim, the Department will determine whether to
require the participation of tile Agency in the defense of the claim or to require the Agency defend the Department in such
claim as described in this section. The Department's failure to promptly notify the Agency of a claim shall not act as a
waiver of any right herein to require the participation in or defense of the claim by the Agency. The Department and the
Agency will each pay its own expenses for the evaluation, settlement negotiations, and trial, if any. However, if only one
party participates in the defense of the claim at trial, that party is responsible for all expenses at trial.
The parties agree that this clause shall not waive the benefits or provisions of Section 768.28, Florida Statutes, or any
similar provision of law.
13.08 Plans and Specifications: In the event that this Agreement involves constructing and equipping of facilities on the
State Highway System, the Agency shall submit to the Department for approval all appropriate plans and specifications
covering the project. The Department will review all plans and specifications and will issue to the Agency written approval
with any approved portions of the project and comments or recommendations covering any remainder of the project
deemed appropriate. After resolution of these comments and recommendations to the Department's satisfaction, the
Department will issue to the Agency written approval regarding the remainder of the project. Failure to obtain this written
approval shall be sufficient cause for nonpayment by the Department.
13.09 Right of Way Certification: Upon completion of right of way activities on the project, the Agency must certify
compliance with all applicable federal and state requirements. Certification is required prior to advertisement for or
solicitation of bids for construction of the project, including those projects for which no right of way is required.
13.10 Agency Certification: The Agency will certify in writing, prior to project closeout, that the project was completed
in accordance with applicable plans and specifications, is in place on the Agency facility, that adequate title is in the
Agency, and that the project is accepted by the Agency as suitable for the intended purpose.
13.11 Agreement Format: All words used herein in the singular form shall extend to and include the plural. All words
used in the plural form shall extend to and include the singular. All words used in any gender shall extend to and include
all genders.
13.12 Execution of Agreement: This Agreement may be simUltaneously executed in a minimum of two counterparts,
each of which so executed shall be deemed to be an original, and such counterparts together shall constitute one in the
same instrument.
13.13 Restrictions on Lobbying:
Federal: The Agency agrees that no federally appropriated funds have been paid, or will be paid by or on behalf of the
Agency, to any person for influencing or attempting to influence any officer or employee of any federal agency, a member
of Congress an officer or employee of Congress, or an employee of a member of Congress in connection with the
awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any
cooperative agreement, and the extension, continuation, renewal, amendment or modification of any federal contract,
grant, loan, or cooperative agreement.
I' 6 t'l f'" 525-01f!0-4?
!~..: ~STRUCT. IQ.,;
U ~ OGe-11
Page 10
If any funds other than federally appropriated funds have been paid by the Agency to any person for influencing or
attempting to influence an officer or employee of any federal agency, a member of Congress, an officer or employee of
Congress, or an employee of a member of Congress in connection with this Agreement, the undersigned shall complete
and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions.
The Agency shall require that the language of this section be included in the award documents for all subawards at all tiers
(including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all
subrecipients shall certify and disclose accordingly.
State: No funds received pursuant to this contract may be expended for lobbying the Legislature or a state agency.
13.14 Maintenance: The Agency agrees to maintain any project not on the State Highway System, constructed under
this Agreement. If the Agency constr1lcts any im provement on Department right-of-way, the Agency 0 will (!) will not
maintain the improvements made fJr their useful life.
13.15 Vendors Rights: Vend ors (in this document identified as Agency) providing goods and services to the Department
should be aware of the following time frames. Upo n receipt, the Department has five 5 working days to inspect and
approve the goods and services unless the bid specifications, purchase order, or contract specifies otherwise. The
Department has twenty (20) days to deliver a request for payment (voucher) to the Florida Department of Financial
Services. Th e twenty (20) days are measured from the latter of the date the invoice is received or the goods or services
are received, inspected, and approved.
If a payment is not available within forty (40) days after receipt of the invoice and receipt, inspection, and approval of
goods and services, a separate interest penalty in accordance with Section 215.422(3)(b), Florida Statutes, will be due
and payable, in addition to the invoice amount to the Agency. Interest penalties of less than one dollar ($1) will not be
enforced unless the Agency requests payment. Invoices which have to be returned to an Agency because of Agency
preparation errors will result in a delay in the payment. The invoice payment requirements do not start until a properly
completed invoice is provided to the Department.
A Vendor Ombudsman has been established within the Florida Department of Financial Services. The duties of this
individual include acting as an advocate for Agencies who may be experiencing problems in obtaining timely payment(s)
from the Department. The Vendor Ombudsman may be contacted at (850)410-9724 or by calling the State Comptroller's
Hotline at 1 -800-848-3792.
IN WITNESS WHEREOF, the parties have caused these presents to be executed the day and year first above written.
AGENCY
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
By:
Title: 80 Ch,!i~all'Qr~eSi~nee
'~
I;:" .. . .
Attest: ~- t2 /IJ. ~/bt >/J.~
Title: C!erk 'At' test :.: . L .
" - '. .' C;~', ~':Chl1nJan's
-'._ s:t~;~t.~.r~j ~n,T 1.
""-".-
By:
Title: Director of Production
Attest: :
Title: Executive Secretary
. ~l iL \, ~ i I District Attorney
t(>' IVVI \' ;' \ 1l~h
\ l7)\f1.- '--dJj eOff1U{I"A,
See attached Encumbrance Form for date of Jng approval by Comptroller.
._4..... ...
As to form:
168
525-010-40
70NSTRUCTlON
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Page 11 01,12
FPN N0.412646-1
EXHIBIT A
Project Description and Responsibilities
This exhibit forms an integral part of that certain Reimbursement Agreement between the State of Florida, Department of
Transportation and
Collier County
Dated
PROJECT LOCATION:
US 41 from Myrtle Road to Pine Ridge Road
The project 0 is G> is not on the National Highway System.
The project G> is 0 is not on the State Highway System.
PROJECT DESCRIPTION:
Highway/roadway lighting along US 41. Forty foot spun aluminum poles will be installed with lighting.
SPECIAL CONSIDERATION BY AGENCY:
See Attachment Page 1.
SPECIAL CONSIDERATION BY DEPARTMENT:
The Department shall reimburse the Agency, subject to funds availability, in the year programmed (currently FY 03/04).
1 6. i......~;
.1, l]
Special Consideration by Agency:
All work to be conducted outside of the Department Right-of-Way shall adhere to the 2002 Florida Greenbook standards, as
amended.
All work to be conducted within Department Right-of-Way shall adhere to the following:
(1) The FDOT standard specification for road and bridge construction, 2004 edition as amended, and
(2) The FDOT roadway and traffic design standard, 2004 edition as amended and design criteria from the PPM, 2003 edition
as amended.
For all projects the following will apply:
a) Section 287.055, F.S. "Consultants Competitive Negotiation Act"
b) FDOT "Project Development and Environmental Manual," where applicable
c) The Local Agency Program Manual
The Agency will inform the Department in writing of the commencementind completion of the project. Upon completion of
the project, the Department will have forty-five (45) days after receipt of t,le Agency's invoice to review, inspect and approve
the project for payment.
525-010-40
" ~1\-ACHMENT PAGE 1
"
!
The Department shall reimburse the Agency, subject to funds availability, in the year programmed (currently FY 03/04).
'i,
1 \,',
"
I
525-010-4h
, tONSTRUCTION
OGC - 11103
Page 12 of 12
AGENCY NAME & BILLING ADDRESS FPN, NO.
STATE OF FlORDA DEPARlMENf OF TRANSPORTA'TIClI\l 412646-1
Collier County LOCAL AGENCY PROGRAM
2671 Airport Road AGREEMENT
Naples, Florida 34112 EXHIBIT "B"
SCHEDULE OF FUNDING
PROJECT DESCRIPTION
Name Highway Lighting
Term"li On US 41 from Pine Ridge Road to Myrtle Road
Length Approx. 1.6 miles
FUNDING
(1) (2) (3)
TOTAL AGENCY STATE &
TYPE OF WORK by Fiscal Year PROJECT FUNDS FUNDS FEDERAL FUNDS
P.E. 2003-2004 $59,000.00 $59,00000
2004-2005
2005-2006
Total PE $59,000.00 $0.00 $59,00000
Right-of-Way 2003-2004
2004-2005
2005-2006
Total Rieht-of-Wav Cost $0.00 $0.00 $0.00
Construction 2003-2004 $172.000.00 $172,000.00
2004-2005
2005-2006
2006-2007
Total Contract Costs $172,000.00 $0.00 $172,000.00
Construction Engineering and Inspection
2003-2004 $28,020.00 $28,020.00
2004-2005
2005-2006
Total Construction Engineering $28,020.00 $0.00 $28,020.00
Total Construction Cost $200,020.00 $0.00 $200,020.00
ESTIMATED TOTAL COST OF THE $259,020.00 $0.00 $259,020.00
PROJECT
The Departmenfs fiscal year begins on July 1. For this project, funds are not projected to be available until after
The Department will notify the Agency, in writing, when funds are available.
July
1 st each fiscal year.
*Currently funds are available for the Preliminary Engineering activities only. A Written Notice To Proceed will be
issued to the Agency when additional funds become available for additional phases. The Agency must notify the
Department upon project completion and prior to invoicing the Department for reimbursement.
MEMORANDUM
Date:
Februaary 11, 2004
To:
Barbara Olko
Public utilities
From:
Linda A. Houtzer, Deputy Clerk
Minutes & Records Department
Re:
Interlocal Agreement between the City of
Marco Island and Collier County, Florida
16Cl
Please find enclosed two (2) certified copies of the
documents referenced above, approved by the Board of
County Commissioners on Tuesday, February 10, 2004.
(Agenda Item #16C1)
If you should have any questions, please call me at:
774-8411.
Thank you.
Enclosure
ll.~ p 1
C4 G
INTERLOCAL AGREEMENT BETWEEN THE CITY OF MARCO ISLAND AND COLLIER
COUNTY, FLORIDA, FOR PROVISION BY THE CITY OF WASTEWATER COLLECTION
AND TREATMENT SERVICES TO THE CALUSA ISLAND VILLAGE DEVELOPMENT
AND OTHER PARTS OF THE GOODLAND AREA AS DESCRIBED HEREIN.
THIS INTERLOCAL AGREEMENT ("Agreement") is made this _ day of February
2004 by and between the City of Marco Island, Florida, a Florida municipal corporation
(hereinafter referred to as "CITY") and the Board of County Commissioners, the governing
body of Collier County, a political subdivision of the State of Florida, and as ex-officio the
Governing Board of the Collier County Water-Sewer District, (hereinafter referred
collectively as the "COUNTY").
RECITALS
WHEREAS, the City of Marco Island ("City"), a Florida municipal corporation, owns
and operates a wastewater collection and treatment system; and
WHEREAS, City Ordinance No. 2003-13 provides for an Urban Service Area to
include the area lying within the City, and to geographic areas in adjacent unincorporated
Collier County subject to execution of Interlocal Agreement(s) between the City and the
County whereby the County authorizes the City to provide water and/or wastewater service
to the respective unincorporated area; and
WHEREAS, the County approved a Site Development Plan submitted by Calusa
Island Village, LC, a Florida Limited Liability Company (the Developer"), for the
construction of the Calusa Island Village in the Goodland area, in unincorporated Collier
County; and
WHEREAS, Calusa Island Village, LC, desires to construct a wastewater collection
system to serve 52 :t residential units and other dwellings; and
WHEREAS, the County does not provide wastewater collection and treatment
services to the Goodland area; and
WHEREAS, by this Agreement the City agrees to extend its Urban Service Area to
provide wastewater collection and treatment services to the Calusa Island Village
development and the other geographic area described in paragraph 2 of this Agreement.
NOW, THEREFORE, the City and the County agree as follows:
TERMS OF AGREEMENT
1. Recitals: The above recitals are true and correct and incorporated herein.
2. Extension of City's Urban Service Area: The City and the County hereby agree that
the City shall extend its Urban Service Area to include the Calusa Island Village
development in Goodland and to provide wastewater collection and treatment
1/27/2004 1 City/Utilities/CalusaVillage/lnterlocal
16Cl
services. The area covered by this Agreement is depicted in Exhibit A, attached
hereto and made a part hereof, and is described as follows: Lots 33, 34, and 35,
Block E, Goodland Isles. According to the plat thereof as recorded in Plat Book 8,
at Pages 1 and 2 of the Public Records of Collier County Florida and the west
129.50 feet of undivided Block X, Goodland Isles, according to the plat thereof as
recorded in Plat Book 6, at Page 7 of the Public Records of Collier County, Florida.
This property is subject to easements, reservations or restrictions of record.
Bearings refer to the west line of undivided Block X, Goodland Isles, according to
the plat thereof as recorded in Plat Book 6, at Page 7 of the Public Records of
Collier County, Florida as being S.050220030E.
3. Facilities: Nothing in this Agreement shall affect the City's authority to require the
Developer or other customers within the service area to dedicate collection and
force main systems to the City.
4. Collection of Rates, Fees and Charges. The City's authority to collect rates, fees
and charges in accordance with its tariffs and ordinances shall not be affected by
this Agreement.
5. The County/District hereby agrees that the District shall not provide wastewater
collection and treatment services to any part of the geographic area described in
paragraph 2, above, without the prior express written approval from the City or the
City's successors or assigns of this Agreement in the event this Agreement is sold,
transferred or assigned by the City.
6. Miscellaneous Provisions:
A. Notice: Any and all notices, designations, consents, offers, acceptances, or
other communications provided for herein shall be given: to the City,
Attention City Manager, City of Marco Island, 50 Bald Eagle Drive, Marco
Island, Florida 34145. Notice to the County, Attention County Manager,
Collier County Government Complex, 3301 East Tamiami Trail, Naples,
Florida 34112.
B. This writing embodies the entire Agreement and understandings between the
parties and there are no other agreements or understandings oral or written
with reference to the subject matter herein. No alteration, change, or
modification to the terms of this Agreement shall have any force or effect
unless made in writing and signed by the parties hereto. This Agreement
shall be governed and construed according to the laws of the State of
Florida. This Agreement may be executed in each of several copies, each of
which may be considered an original.
C. The City may sell, transfer, or assign this Agreement or any part hereof.
D. This Agreement shall be recorded by the City in the Public Records of Collier
County. The County shall file a fully executed copy of this Agreement with
the Collier County Clerk of the Circuit Court pursuant to Section 163.01 (11),
Florida Statutes.
1/27/2004
2
City/Utilities/Calusa Villagell nterlocal
llo. ~~ll
I [I') ,
.. .,
~,'
IN WITNESS WHEREOF, the parties hereto have caused this Interlocal Agreement to be
executed the day and year aforesaid in counterparts, each counterpart to be considered an
original.
DATED:
-'
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA, on behalf
of Collier County and the Collier County
Water-S .~~s:ri~t.. I _
By: v "'T_ ~
onna Fiala, Chairman
_ _, rJ.
Approved as to form
and legal sufficiency:
Bv: ~ ?J...--
Thom s C. Palmer,
Assistant County Attorney
::TE~~
Laura Litzan, City erk
Approved as to form
and legal sufficiency:
ltem# I~~ I ...~
fuL~.~
Richard D. Yovanovich, City Attorney
Agenda .-'--+'"'
Date :J.o/O.O,!
~~~d :;. . II - 04
1::t~~f!m r fIpJ^ ~
1/27/2004
3
City/Utilities/Calusa Village/I nterlocal
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16C3
MEMORANDUM
Date:
February 12, 2004
To:
Cindy Erb
Facilities Management Department
From:
Linda A. Houtzer, Deputy Clerk
Minutes & Records Department
Re:
Memorandum of Right-of-Way Consent Agreement and the Right-
of-Way Consent Agreement for construction
Enclosed please find one (1) copy of the Right of Way Consent Agreement as
referenced above (Agenda Item #16C3), as approved by the Board of County
Commissioners on Tuesday, February 10, 2004.
A copy of the Memorandum of Right of Way Consent Agreement will be returned
to you after it has been recorded.
If you should have any questions, please call me at 774-8411
Thank you.
Enclosure (1)
MEMORANDUM OF RIGHT-OF-WAY CONSENT AGREEMENT
1 6 .r 3 "
<3
THIS MEMORANDUM OF RIGHT-OF-WAY CONSENT AGREEMENT dated this
IOih day of T'i' \)Q_h(l}LLI ~ , 2004, by and between COLLIER COUNTY, a
political subdivision of the St~te of Florida, its successors and assigns (hereinafter
referred to as the "County") and FLORIDA POWER & LIGHT COMPANY, a Florida
corporation (hereinafter referred to as "Company");
WHEREAS, on the 10~ day of 5d2~_ ,2004, Company and
County entered into a written Right-of-Way Consent Agre ment, hereinafter referred to
as the "Agreement" related to certain property situated in the County of Collier, State of
Florida as more particularly set forth in said Agreement and described in Exhibit "A"
attached hereto and made a part hereof and hereinafter referred to as the "Lands", and
WHEREAS, the parties are desirous of making their interest therein a matter of
public record.
NOW THEREFORE, in consideration of mutual covenants herein contained and
the parties intending to be legally bound thereby, the parties hereto agree as follows:
1. The property described in Exhibit "A" is subject to a right-of-way in favor of Company
recorded in Official Records Book 663, Page 594, Official Records Book 664, Page
1488, Official Records Book 664, Page 1490, Official Records Book 664, Page
1492, Official Records Book 666, Page 521, Official Records Book 666, Page 523,
Official Records Book 666, Page 529, Official Records Book 666, Page 535, Official
Records Book 667, Page 317, Official Records Book 667, Page 322, Official
Records Book 668, Page 1749, Official Records Book 668, Page 1751, Official
Records Book 671, Page 3-4, Official Records Book 673, Page 1843, Official
Records Book 681, Page 1210, Official Records Book 681, Page 1212, Official
Records Book 681, Page 1214, Official Records Book 692, Page 761, Official
Records Book 692, Page 766, Official Records Book 788, Page 1068-1071, Official
Records Book 824, Page 214, Official Records Book 850, Page 974, Official
Records Book 850, Page 976, Official Records Book 862, Page 676, Official
Records Book 870, Page 343, Official Records Book 1129, Page 20, and Official
Records Book 1577, Page 2290, all of the Public Records of Collier County, Florida.
2. The Agreement provides, among other things, County's right to construct certain
:rnprovements upon the Lands including, but not limited to, access, a raw water
transmission system, a force main system, electrical, instrumentation, and control
lines as depicted on Exhibit "A" attached hereto.
3. The Agreement is assignable to purchasers of all or a portion of the Lands provided
that the purchasers assume the obligations under the Agreement and specifically
acknowledge and agree that the use of the property and improvements to be placed
on the property are strictly limited to those depicted on that certain plan of
improvement attached to the Agreement and are otherwise subject to the terms of
the Agreement.
IN WITNESS WHEREOF, the parties have executed this Memorandum of
Agreement on this hereinabove written date.
ATTEST:
DWIGHT E. BROCK, Clerk
BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA
, ,
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BY:9.' /rv/.a. .. '.' ..... /J _ .LJ .c.-
". . ,:. . eputy Clerk
Attest:a-s to Chafrun's
s i (.1fnhrr- en t y ,
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Item # Ib e. 3
By:
Age.r:Ja "1
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o ~t(J ~ . (I . il.
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eputy C/srk
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Memorandum of Right-of-Way Consent Agreement
Page 2
16C3
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Signature VO 5
r:. E /-LV L/) fJ e?
Pri"!edrryped N~
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Si~ature './'
Ob~ l '-1..&bc~
Printed/Typed Name
FLORIDA POWER & LIGHT COMPANY
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By: ~__ ~/ /
Its: Sr. Corporate Real- state Representative
Print Name: Mark L. Byers
STATE OF FLORIDA
COUNTY OF SARASOTA
....-
The foregoing instrument was acknowledged before me this ~. t-.-k day of
, 2004 by Mark L. Byers, as Sr. Corporate Real Estate
, epresentati\t , of FLORIDA POWER &_hJQHTCOM~~f'JY~.a Florida corporation, on
behalf of the corporation. He is<.~p-erso!:!~!Il'_~!lQ~n to me'lor who has produced
[type of identification] as identification.
WITNESS my hand and official seal this f.o
day of!Q. ~..j.~,::\~2004.
P u
(affix notarial seal)
~~~~~~;Nilta~~~bliC)2 0 (cU.',h
BF \I r: 1<. L '-I ,~ .::"'C' I~ LL R k'
(Print Name of Notary Public)
NOTARY PUBLIC
Serial/Commission #:(if any)
My Commission Expires: (.. / r") '-I / Cl {.
Approved as to form and
legal sufficiency:
.----------~
, H
: ~,..J ~ BEVERLY B. SCHURR
. ~ lil:~ MY COMMISSION,t 00 115417
: 't'~fI,l;" EXPIRES: June 24, 2006
L 1.IlOO-3-NOTAAY FL Notarv Service & Bonding, Inc
_fa <Y (ik/r~
Ellen T. Chadwell
Assistant County Attorney
E 1
EXHIBIT \~~ If
P8ge .' of - -;- t
390
9
390FT
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SOUTH COUNTY
REGIONAL WATER
TRfATMENT PLANT
(SCRWTP)
A
20' UllUTY EASEMENT
FOR PROPOSED .- PVC FORCE MAIN
A
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.r EXISTING POWER POLE (TYP)
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EXISTING ." SANrrAR'l' FORCE MAIN
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PROPOSED 30- M WATER
TRANSMISSION MAIN
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MATCH LINE (SEE FIGURE 2)
COLLIER COUNTY GOVERNMENT
PUBLIC UTILITIES ENGINEERING DEPARTMENT
PROPOSED SCRWTP WELL FIELD
GREELEV AND HANSEN LLC
EXHIBIT i~,.f'l
Page x of 5-
FIGURE 2
MATCH LINE (SEE FIGURE 1)
16C3
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MATCH LINE (SEE FIGURE 3)
GRIiIiL&V AND HANSIiN LLC
COLLIER COUNTY GOVERNMENT
PUBLIC UTILITIES ENGINEERING DEPARTMENT
PROPOSED SCRWTP WELL FIELD
EXHIBIT
Page? of
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MATCH LINE (SEE FIGURE 4)
COLLIER COUNTY GOVERNMENT
PUBLIC UTILITIES ENGINEERING DEPARTMENT
PROPOSED SCRWTP WELL FIELD
GRIiiIiiLIiiV AND HAN8&N LLC
EXHIBIT '/I II
Page -1i of. ~-
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ell
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LOCATION ENVELOPE (TYP)
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PROPOSm 18" RAW WATER
TRANSMISSION MAIN
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PROPOSjD
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TEMPORARY
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LEGEND
· SINGLE POWER POLE
· · DOUBLE POWER POLE
(
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SINGLE POLE
EAST BOUNDARY OF
<t FPL EASEMENT
42'
55'
(
-1. I ... 7'
I 170'
)
DOUBLE POLE
DETAIL COPIED FROM FPL
AS-BUILT DRAWING DATED 2-24-83
ER No. 7159
PROVIDED BY: FPL
NOTES:
1. POWER POLES LOCATED FROM AERIAL PHOTOGRAPH
2. THIS MAP WAS PREPARED TO SHOW PROPOSED RAW
WATER TRANSMISSION MAIN IN RELATIONSHIP TO THE
FLORIDA POWER AND LIGHT EASEMENT AND IS NOT FOR
CONSTRUCTION OR PROPERTY RECORDING PURPOSES.
3. PROPOSED WELL LOCATIONS ARE APPROXIMATE. PROPOSED
WELLS WILL BE LOCATED IN EASEMENTS OUTSIDE OF THE
FPL EASEMENT AND SHALL BE A MINIMUM OF 100 FEET
FROM FPL POLES.
GAIiIiLIiV AND HANSIiN LLC
COLLIER COUNTY GOVERNMENT
PUBLIC UTILITIES ENGINEERING DEPARTMENT
PROPOSED SCRWTP WELL FIELD
EXHIBIT II Ii 'I
Page 5 of ~) -
FIGURE 5
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I ~ lAND CONTROL CABLES
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40'
115'
.1
SECTION A A (TYPICAL SECTION FOR RAW WATER MAIN)
NOT TO SCALE
GA&&L&V AND HANS&N LLC
COLLIER COUNTY GOVERNMENT
PUBLIC UTILITIES ENGINEERING DEPARTMENT
PROPOSED SCRWTP WELL FIELD
RIGHT-OF-WAY CONSENT AGREEMENT
16C3
FLORIDA POWER & LIGHT COMPANY, a Florida corporation, whose mailing
address is P.O. Box 14000, Juno Beach, Florida 33408-0420, Attn: Corporate Real
Estate Department, hereinafter referred to as "Company", hereby consents to the Collier
County Board of County Commissioners, whose mailing address is 3301 Tamiami Trail
East, Naples, FL, 34112, hereinafter referred to as "Licensee", using an area within
Company's right-of-way granted by that certain agreement recorded in Official Records
Book 663, Page 594, Official Records Book 664, Page 1488, Official Records Book
664, Page 1490, Official Records Book 664, Page 1492, Official Records Book 666,
Page 521, Official Records Book 666, Page 523, Official Records Book 666, Page 529,
Official Records Book 666, Page 535, Official Records Book 667, Page 317, Official
Records Book 667, Page 322, Official Records Book 668, Page 1749, Official Records
Book 668, Page 1751, Official Records Book 671, Page 3-4, Official Records Book 673,
Page 1843, Official Records Book 681, Page 1210, Official Records Book 681, Page
1212, Official Records Book 681, Page 1214, Official Records Book 692, Page 761,
Official Records Book 692, Page 766, Official Records Book 788, Page 1068-1071,
Official Records Book 824, Page 214, Official Records Book 850, Page 974, Official
Records Book 850, Page 976, Official Records Book 862, Page 676, Official Records
Book 870, Page 343, Official Records Book 1129, Page 20, and Official Records Book
1577, Page 2290, all of Public Records of Collier County, Florida. The said area within
Company's right-of-way is hereinafter referred to as the "Lands". The use of the Lands by
Licensee, shall be solely for the purpose of construction, operation and maintenance of a
raw water transmission system, a force main system, electrical, instrumentation, and
control lines, including access to the property for such purposes, as shown on the plans
and specifications submitted by Licensee, attached hereto as Exhibit "A",
In consideration for Company's consent and for the other mutual covenants set
forth below, and for Ten Dollars and No Cents ($10.00) and other good and valuable
consideration, the receipt and adequacy of which is hereby acknowledged, the parties
hereto agree as follows:
1. Licensee agrees to obtain all necessary rights from the owners of the Lands
in the event Licensee does not own said Lands; to obtain any and all applicable federal,
state, and local permits required in connection with Licensee's use of the Lands; and at all
times, to comply with all requirements of all federal, state, and local laws, ordinances,
rules and regulations applicable or pertaining to the use of the Lands by Licensee
pursuant to this Agreement.
2. Licensee understands and agrees that the use of the Lands pursuant to this
Agreement is subordinate to the rights and interest of Company in and to the Lands and
agrees to notify its employees, agents, and contractors accordingly. Company specifically
reserves the right to maintain its facilities located on the Lands; to make improvements;
add additional facilities; maintain, construct or alter roads; maintain any facilities, devices,
or improvements on the Lands which aid in or are necessary to Company's business or
operations; and the right to enter upon the Lands at all times for such purposes.
Licensee understands that in the exercise of such rights and interest, Company from
time-to-time may require Licensee, to relocate, alter, or remove its facilities and
equipment, including parking spaces and areas, and other improvements made by
Licensee pursuant to this Agreement which interfere with or prevent Company, in its
opinion, from properly and safely constructing, improving, and maintaining its facilities.
Licensee agrees to relocate, alter, or remove said facilities, equipment, parking spaces
and areas, and other improvements within thirty (30) days of receiving notice from
Company to do so. Such relocation, alteration, or removal will be made at the sole cost
and expense of Licensee and at no cost and expense to Company; provided however,
should Licensee, for any reason, fail to make such relocation, alteration, or removal,
Company retains the right to enter upon the Lands and make said relocation, alteration,
or removal of Licensee's facilities, equipment, parking spaces and areas, and other
improvements and Licensee hereby agrees to reimburse Company for all of its costs and
expense incurred in connection therewith upon demand.
Form 3740 Rev. 10/9/95
Page 1 of 4
3. Licensee agrees that it will not use the Lands in any manner which, in !e
opinion of Company, may tend to interfere with Company's use of the Lands or may te d
to cause a hazardous condition to exist. Licensee agrees that no hazardous substan , 6
as the term is defined in Section 101 (14) of the Comprehensive Environmental
Response Compensation and Liability Act ("CERCLA") (42 USC Section 9601 [14]),
petroleum products, liquids or flammables shall be placed on, under, transported across,
or stored on the Lands, which restricts, impairs, interferes with, or hinders the use of the
Lands by Company or the exercise by Company of any of its rights thereto. Licensee
agrees further that in the event it should create a hazardous condition, then upon
notification by Company, Licensee shall, within seventy-two (72) hours, at its sole cost
and expense, correct such condition or situation; provided however that the Company
retains the right to enter upon the Lands and correct any such condition or situation at any
time and, by its execution hereof, Licensee hereby agrees to indemnify and hold
harmless Company from all loss, damage or injury resulting from Licensee's failure to
comply with the provisions of this Agreement.
C3
4. Licensee hereby agrees and covenants to prohibit its agents, employees,
and contractors from using any tools, equipment, or machinery on the Lands capable of
extending greater than fourteen (14) feet above existing grade and further agrees that no
dynamite or other explosives shall be used within the Lands and that no alteration of the
existing terrain, including the use of the Lands by Licensee as provided herein, shall be
made which will result in preventing Company access to its facilities located within said
Lands. Unless otherwise provided herein, Licensee agrees to maintain a forty (40) foot
wide setback, twenty (20) feet on each side, from Company's facilities.
5. Trees, shrubs, and other foliage planted or to be planted upon the Lands by
Licensee are not to exceed a height of fourteen (14) feet above existing grade.
6. Outdoor lighting installed or to be installed upon the Lands by Licensee are
not to exceed a height of fourteen (14) feet above existing grade and all poles or
standards supporting light fixtures are to be of a non-metallic material.
7. Sprinkler systems installed or to be installed by Licensee upon the Lands
are to be constructed of a non-metallic material and sprinkler heads are to be set so the
spray height does not exceed fourteen (14) feet above existing grade and does not make
contact with any Company's facilities. Aboveground systems shall not be installed within
or across Company patrol or finger roads and underground systems crossing said patrol
and finger roads are to be buried at a minimum depth of one (1) foot below existing road
grade.
8. Licensee agrees to warn its employees, agents, contractors and invitees of
the fact that the electrical facilities and appurtenances installed or to be installed by
Company within the Lands are of high voltage electricity and agrees to use all safety and
precautionary measures when working under or near Company's facilities.
9. Licensee agrees, at all times, to maintain and keep the Lands clean and
free of debris. Except as provided herein, Licensee further understands and agrees that
certain uses of the Lands are specifically prohibited; such uses include but are not limited
to recreational purposes, hunting and camping, and Licensee agrees to notify its
employees, agents, contractors, and invitees accordingly.
10. The use of the Lands by Licensee shall be at the sole risk and expense of
Licensee, and Company is specifically relieved of any responsibility for damage or loss to
Licensee or other persons resulting from Company's use of the Lands for its purposes.
11. Notwithstanding any provision contained herein, Licensee agrees to
reimburse Company for all cost and expense for any damage to Company's facilities
resulting from Licensee's use of the Lands and agrees that if, in the opinion of Company,
it becomes necessary as a result of Licensee's use of the Lands for Company to relocate,
rearrange or change any of its facilities, to promptly reimburse Company for all cost and
expense involved with such relocation, rearrangement or change.
12. Each party hereto agrees that it shall be responsible for its own negligent
acts or omissions. Nothing contained in the Section shall be construed to be a waiver of
Form 3740 Rev. 10/9/95
Page 2 of 4
any protections under sovereign immunity, Section 768.28, Florida Statutes, or any other
similar provision of law. Nothing contained herein shall be construed to be a consI... t. jw.... c. 3
either party to be sued by third parties in any matter arising out of this Agreement. .. '0'
13. The Board of County Commissioners is self insured for all liability claims
and related expenses pursuant to the provisions of Florida Statute 768.28.
14. This Agreement will become effective upon execution by Company and
Licensee and will remain in full force and effect until completion of Licensee's use of the
Lands pursuant to this Agreement, unless earlier terminated upon ninety (90) days written
notice by Company to Licensee, or at the option of Company, immediately upon Licensee
failing to comply with or to abide by any or all of the provisions contained herein.
15. The use granted herein as shown on Exhibit "A" shall be under construction
by Licensee within three (3) years of the effective date of this Agreement and the
construction shall be diligently pursued to completion. Licensee shall give Company ten
(10) days prior written notice of its commencement of construction. "Under construction"
is the continuous physical activity of placing the foundation or continuation of construction
above the foundation of any structure or improvement permitted hereunder. Under
construction does not include application for or obtaining a building permit, a site plan
approval or zoning approval from the appropriate local government agency having
jurisdiction over the activity, purchasing construction materials, placing such construction
materials on the site, clearing or grading the site (if permitted) in anticipation of
construction, site surveying, landscaping work or reactivating construction after
substantially all construction activity has remained stopped for a period of two (2) months
or more. Licensee acknowledges that failure to have the use under construction within
the three (3) year time period will result in immediate termination of this Agreement in
accordance with Paragraph 14 herein for failing to comply with the provisions contained
herein unless Licensor grants a written extension for a mutually agreed upon time. Any
request for an extension of time shall be submitted in writing by Licensee no later than
thirty (30) days prior to the expiration of the three (3) year period for the project to be
under construction.
16. The term "Licensee" shall be construed as embracing such number and
gender as the character of the party or parties require(s) and the obligations contained
herein shall be absolute and primary and shall be complete and binding as to each,
including its successors and assigns, upon this Agreement being executed by Licensee
and subject to no conditions precedent or otherwise.
17. Should any provision of this Agreement be determined by a court of
competent jurisdiction to be illegal or in conflict with any applicable law, the validity of the
remaining provisions shall not be impaired. In the event of any litigation arising out of
enforcement of this Consent Agreement, the prevailing party in such litigation shall be
entitled to recovery of all costs, including reasonable attorneys' fees.
18. Licensee may assign its rights and obligations under this Agreement to a
solvent party upon prior written consent of the company, which consent shall not be
unreasonably withheld.
The parties have
~ .f.h-o..A 8 Ar
executed
,2004.
this
Agreement this
~
I 0 day of
Witnesses:
FLORIDA POWER & LIGHT COMPANY
Signa~ V hp,
Print Name: ,,~ ~pez
O~.+C~-
Signature:
Print Name: ~~~ 6-~l'-U!S>~
By: 4<<4-
Its: Sr. Corporate Real Es te Representative
Print Name: Mark L. Byers
Form 3740 Rev. 10/9/95
Page 3 of 4
DATED:
ATTEST:
DWIGHT E. BROCK, Clerk
16C3
BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA
,.,,1''': <, ,
B .A.~i~~:~;'7&; h
Y~~;_~;'~~~/JJC.
Att~t{ ~.~{kjChaf~;': eputy Clerk
s 1 gn~~9~~.e ~ilJJ.. ...}"-:" -.:: S:
',(: '~" ......_. ,~ .v. ..'
By: tP~ d~
DONNA FIALA, Chairman
'.,;. .
.. ,. ..
.. ....".
~ ',' ,J
. ~ '...!
Approved as to form and
legal sufficiency:
~~~
Ellen T. Chadwell
Assistant County Attorney
Item # J{,(!. 3
Agenda 'I
Date (/\'/0 '01
Date
Hec'd d' / /. c> 'I
Form 3740 Rev. 10/9/95
Page 4 of 4
Retn:
CLBRK TO THB BOARD
INTBROFFICB 4TH FLOOR
BXT 7240
3344081 OR: 3501 PG: 0453
RBCORDBD in the OFFICIAL RBCORDS of COLLIBR COUNTY, FL RBC FBB
02/12/2004 at 03:48PM DWIGHT B. BROCK, CLBRK COPIBS
33.00
7.00
MEMORANDUM OF RIGHT-OF-WAY CONSENT AGREEMENT
16C3
THIS MEMORANDUM OF RIGHT-OF-WAY CONSENT AGREEMENT dated this
I()~ day of 'f iI,UIULflALI /" , 2004, by and between COLLIER COUNTY, a
political subdivision of the Stkte of Florida, its successors and assigns (hereinafter
referred to as the "County") and FLORIDA POWER & LIGHT COMPANY, a Florida
corporation (hereinafter referred to as "Company");
WHEREAS, on the 1 O.J-h day of 5 e...-b ~ _ ,2004, Company and
County entered into a written Right-of-Way Consent Agre ment, hereInafter referred to
as the "Agreement" related to certain property situated in the County of Collier, State of
Florida as more particularly set forth in said Agreement and described in Exhibit "A"
attached hereto and made a part hereof and hereinafter referred to as the "Lands", and
WHEREAS, the parties are desirous of making their interest therein a matter of
public record.
NOW THEREFORE, in consideration of mutual covenants herein contained and
the parties intending to be legally bound thereby, the parties hereto agree as follows:
1. The property described in Exhibit "A" is subject to a right-of-way in favor of Company
recorded in Official Records Book 663, Page 594, Official Records Book 664, Page
1488, Official Records Book 664, Page 1490, Official Records Book 664, Page
1492, Official Records Book 666, Page 521, Official Records Book 666, Page 523,
Official Records Book 666, Page 529, Official Records Book 666, Page 535, Official
Records Book 667, Page 317, Official Records Book 667, Page 322, Official
Records Book 668, Page 1749, Official Records Book 668, Page 1751, Official
Records Book 671, Page 3-4, Official Records Book 673, Page 1843, Official
Records Book 681, Page 1210, Official Records Book 681, Page 1212, Official
Records Book 681, Page 1214, Official Records Book 692, Page 761, Official
Records Book 692, Page 766, Official Records Book 788, Page 1068-1071, Official
Records Book 824, Page 214, Official Records Book 850, Page 974, Official
Records Book 850, Page 976, Official Records Book 862, Page 676, Official
Records Book 870, Page 343, Official Records Book 1129, Page 20, and Official
Records Book 1577, Page 2290, all of the Public Records of Collier County, Florida.
2. The Agreement provides, among other things, County's right to construct certain
improvements upon the Lands including, but not limited to, access, a raw water
transmission system, a force main system, electrical, instrumentation, and control
lines as depicted on Exhibit "A" attached hereto.
3. The Agreement is assignable to purchasers of all or a portion of the Lands provided
that the purchasers assume the obligations under the Agreement and specifically
acknowledge and agree that the use of the property and improvements to be placed
on the property are strictly limited to those depicted on that certain plan of
improvement attached to the Agreement and are otherwise subject to the terms of
the Agreement.
IN WITNESS WHEREOF, the parties have executed this Memorandum of
Agreement on this hereinabove written date.
ATTEST:
DWIGHT E,.BROCK, Clerk
BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA
">''-,.....
J ~~... '._
;'" ';':' ;~;;~...."i\
BYtf:44 ~ ,JJ ,e-
c' '.. (,,'. .:~;. ,;....,.~. eputy Clerk
-: -., '-f' .~ . '''it -.
Attest ''&$ .'t;.b Cha~. s
/ -. "".. ;).1lI .... _,"-
s i gnatfli"'~ .(jiH1.(~' ...'
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Item # lip e. 3
By:
Date ~ LiJ
Rec'd ~ .11-07
,~!/IA)#m/~
pUly Clerk
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Memorandum of Right-of-Way Consent Agreement
Page 2
'16C 3
FLORIDA POWER & LIGHT COMPANY
Signature /)
I< E L-L-\f LIJ r e7
Q~
SiR.ature b
ob~ l '-\.$0 ~
Printed/Typed Name
BY:~
Its: Sr. Corporate Rea state Representative
Print Name: Mark L. Byers
STATE OF FLORI DA
COUNTY OF SARASOTA
The foregoing instrument was acknowledged before me this lo tk day of
=Q.;"u-.{ ,2004 by Mark L. Byers, as Sr. Corporate Real Estate
epresentati\le, of FLORIDA POWER & LIGHT COMPA~~ Florida corporation, on
behalf of the corporation. He isq5ersonally known to meJor who has produced
[type of identification] as identification. -
WITNESS my hand and official seal this Co day Of~~2004.
(affix notarial seal) ~~ "-l~ ~ Q~
. (Signature~ary Public)
R~ IJ E RL"/ B .sc I...{ LL RQ.
(Print Name of Notary Public)
NOTARY PUBLIC
Serial/Commission #:(if any)
My Commission Expires: fr., / ;:;) i.j / ~~
Approved as to form and
legal sufficiency:
.i\J1~ BEVERLY B. SCHURR
.,. V... MY COMMISSION II DO 115417
"1-.~t\.1l~ EXPIRES: June 24. 2006
l-1l1O-3-NOTAAY FL Notaty Selvice & Bonding, Inc.
_ILL- <9 t~~
Ellen 1. Chadwell
Assistant County Attorney
;';
EXISTING 4" SANITARY F'ORCE MAIN
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16C3
FIGURE 1
EXHIBIT ~" t
Pllge J of .::r
3QO Q 3QOFT
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SOUTH COUNTY
REGIONAl.. WATER
TRfATMENT PLANT
(SCRWTP)
A
20' UTlUTY EASEMENT
FOR PROPOSED 4" PIle FORCE MAIN
A
P ED 30" RAW WATER
SWISSlON MAIN
.
~.
/
MATCH LINE (SEE FIGURE 2)
COLLIER COUNTY GOVERNMENT
PUBLIC UTILITIES ENGINEERING DEPARTMENT
PROPOSED SCRWTP WELL FIELD
GRIiIiLIiY ANa HANSIiN LLC
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EXHIBIT 1'A11 16 C 3
Page d of .:5-
FIGURE 2
MATCH LINE (SEE FIGURE 1)
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PROPOSED 8"
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MATCH LINE (SEE FIGURE 3)
GRIiIiLIiY ANa HAN8liN LLC
COLLIER COUNTY GOVERNMENT
PUBLIC UTILITIES ENGINEERING DEPARTMENT
PROPOSED SCRWTP WEll FIELD
~
EXHIBIT "AI'
Page ,y of .5
MATCH LINE (SEE FIGURE 2) FIGURE 3
16C3
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PROPOSED 3<;>0 Q 3QOFT
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MATCH LINE (SEE FIGURE 4)
GI:aIiIiLIiV AND HANSIiN LLC
P'
COLLIER COUNTY GOVERNMENT
PUBLIC UTILITIES ENGINEERING DEPARTMENT
PROPOSED SCRWTP WELL FIELD
EXHIBIT /f ,/
Page -1'- of .,5-
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MATCH LINE (SEE FIGURE 3)
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16C'RE 4
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at
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:m.tPORARY
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LEGEND
· SINGLE POWER POLE
· · DOUBLE POWER POLE
(
ct
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EAST BOUNDARY OF
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DETAIL COPIED FROM FPL
AS-BUILT DRAWING DATED 2-24-83
ER No. 7159
PROVIDED BY: FPL
NOTES:
1. POWER POLES LOCATED FROM AERIAL PHOTOGRAPH
2. THIS MAP WAS PREPARED TO SHOW PROPOSED RAW
WATER TRANSMISSION MAIN IN RELATIONSHIP TO THE
FLORIDA POWER AND LIGHT EASEMENT AND IS NOT FOR
CONSTRUCTION OR PROPERTY RECORDING PURPOSES.
3. PROPOSED WELL LOCATIONS ARE APPROXIMATE. PROPOSED
WELLS WILL BE LOCATED IN EASEMENTS OUTSIDE OF THE
FPL EASEMENT AND SHALL BE A MINIMUM OF 100 FEET
FROM FPL POLES.
GRIiIiLIiV ANa HANSIiN LLC
COLLIER COUNTY GOVERNMENT
PUBLIC UTILITIES ENGINEERING DEPARTMENT
PROPOSED SCRWTP WELL FIELD
tlBlT ,tA 'I
EX _
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PROPOSED 16"-30" RAW WATER MAIN
~PROPOSED ELECTRICAL, INSTRUMENTATION
I ~ lAND CONTROL CABLES
~
I.
115'
SECTION A A (TYPICAL SECTION FOR RAW WATER MAIN)
NOT TO SCALE
GRIiIiLIiV ANa HAN8liN LLC
COLLIER COUNTY GOVERNMENT
PUBLIC UTILITIES ENGINEERING DEPARTMENT
PROPOSED SCRWTP WELL FIELD
MEMORANDUM
Date: February 12, 2004
To: steve Carnell
Purchasing/General Services Director
From: Linda A. Houtzer, Deputy Clerk
Minutes & Records Department
Re: Resolution 2004-44
Enclosed please find one copy of the document referenced
above, Agenda Item #16E1, approved by the Board of County
Commissioners on Tuesday, February 10, 2004.
If you should have any questions, please call me at 774-8411
Thank you.
Enclosure
16E1
.L6E 1
RESOLUTION NO. 2004-~
A RESOLUTION OF THE COLLIER COUNTY BOARD OF COUNTY
COMMISSIONERS AMENDING COLLIER COUNTY RESOLUTION 2001-
482 AND THE PURCHASING POLICY REFERENCED THEREBY TO
ESTABLISH A COMPREHENSIVE VENDOR DEBARMENT AND
SUSPENSION POLICY.
WHEREAS, Collier County Ordinance 87-25 provides for the establishment of a
purchasing policy to govern all aspects of purchasing administration; and
WHEREAS, the Board of County Commissioners on December 11, 2001 adopted a
purchasing policy by Resolution 2001-482; and
WHEREAS, County staff seeks to establish a formal, comprehensive vendor debarment
and suspension policy:
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
Resolution 2001-482 is hereby amended as shown in the attached hereto and incorporated
herein by reference.
This Resolution adopted this _ day of
, 2004 after motion, second
and majority vote favoring same.
ATTEST:
DWIGHT E. BROCK, Clerk
\' ~\n\llHf"~i1 '.
l:~';~:~;: ~','" :~:(€%
".,. (.)
epUly:QerV,-;' :"-"~,~,., f'<;;.~
:;;.......... ~,'-~.(,' .''''''\.~",' .,~.:-
Att.~.~,.. tir ~~ ../'
SiQn"f1t~iV<'" ' ....,...," ,~'
.. ..., ~.. ,. '.... ..............~ .,,1......-'... .....,
A roved'~'; .~'~.
pp 1~'lliI,,"i"
legal sufficie .
R /^~
Robert N. Za hary,
Assistant County Attorney
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
rg~ d~
onna FIala, ChaIrman
By:
Item #
Ibf: I
H: JHR/ResolutionslResolutions.Purchasing Policy 102103
Agendn "1 c I
<7'1' 0 -D,
Deto
~nt~ ~ - I' . 0 Lf
heed ---
&&vOJ~
puty Clerk
- 1 -
16F3
MEMORANDUM
Date:
February 10, 2004
To:
Michael Smykowski, Budget Director
Management & Budget
From:
Linda A. Houtzer
Minutes & Records Department
Re:
Resolution 2004-45
Enclosed please find two (2) Certified copies of the document referenced above
(Agenda Item #16F3), as approved by the Board of County Commissioners on
Tuesday, February 10, 2004.
The original document is being retained for the record.
If you should have any questions, please call me at 774-8411
Thank you.
Enclosures
f6F3
.~t
RESOLUTION 2004 - 45
A RESOLUTION BY THE COLLIER COUNTY BOARD OF
COUNTY COMMISSIONERS PROVIDING NOTICE OF
THE UTILIZATION OF THE ELIGIBLE
TRANSPORTATION EXPENDITURES FOR THE
PRECEDING FIVE (5) YEARS AS THE BASIS FOR THE
DISTRIBUTION FORMULA FOR THE ADDITIONAL FIVE
CENTS AND SIX CENTS FUEL TAXES PURSUANT TO
FLORIDA STATUTES, SECTIONS 336.025 (1)(a)
WHEREAS, Florida Statutes, Section 336.025 (l)(a) and (b) authorized the County to
levy an additional Five Cents and Six Cents in local option fuel taxes by ordinance adopted by
the membership of the governing body of the County; and
WHEREAS, Collier County had previously adopted ordinances levying and extending
the additional Five Cents and Six Cents fuel tax; and
WHEREAS, the additional Five Cents and Six Cents fuel taxes may be distributed
pursuant to Florida Statutes, Section 336.025(4)(a) without an interlocal agreement; and
WHEREAS, Collier County has previously extended the levy of the additional Five
Cents and Six Cents fuel taxes by ordinances adopted by a majority plus one vote of the
membership of the governing body of the County where needed to the year 2025.
WHEREAS, Collier County staff has prepared the necessary distribution formula
attached hereto as Exhibit "A" to this Resolution based upon the eligible transportation
expenditures ofthe preceding five (5) years.
NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA that:
It has been the intent of this Board to extend the imposition of the additional Five Cents
and Six Cents fuel taxes up to and including year 2025 or until terminated, changed or amended
by the Board of County Commissioners; and
BE IT FURTHER RESOLVED, that:
The proceeds of the aforementioned fuel taxes shall be distributed among the County
Government and eligible municipalities based on the transportation expenditures of each for the
immediately preceding five (5) years, from 1998 through 2002, as a proportion of the total of
such expenditures for the County and all municipalities within the County as set forth in Exhibit
"A" to this resolution.
BE IT FURTHER RESOLVED, that:
16F3
Such calculation shall under no circumstances materially or adversely affect the
rights of holders of bonds outstanding on July 1, 1986, which are backed by taxes
authorized in paragraph (l)(a) of Florida Statutes, Section 336.025(1)(a), and the
amounts distributed to the Collier County and each municipality shall not be reduced
below the amount necessary for the payment of principal and interest and reserves for
principal and interest as required under the covenants of any bond resolution outstanding
on the date of the recalculation.
BE IT FURTHER RESOLVED, that:
The proportions shall be recalculated every 5 years based on the transportation
expenditures of the immediately preceding 5 years.
PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier
County, Florida, this 10th day of February 2004 after motion, second and majority vote favoring
same.
COUNTY COMMISSIONERS
ER COUNTY ILO_RIDA
...,.,~ d~
ONNA FIALA, Chairman
By:
o~
H: Jackie/ Resolutions/ Reso providing notice of intent to extend 52203
Item #
liDF3
Agenda -" r 'A I At
Date ~~
Date "l I ,^ I
~c'd ~.otf
~18'fdyfl J
2
Exhibit A
Updated Distribution Percentages
(Based on FY 98 - FY02 Actual Transportation Expenditures)
Local Government
Collier County
City of Naples
City of Marco Island
Everglades City
Total
Percentage
84.66%
10.28%
4.87%
0.19%
100.00%
~.,"
b> rr"'" "?
,",:110.
" f"
~
,;
"~i:{,;r
H:DataJF ormat
BOARD OF COUNTY COMMISSIONERS
MISCELLANEOUS CORRESPONDENCE
February 10, 2004
1611
4 ..~
A. Minutes:
1. Collier County Planning Commission - Agenda for January 15,2004;
Minutes of CCPC/LDC Amendments November 24, 2003, Regular
meeting m:nutes of December 4,2003.
2. Productivi1--,. ..';Jmmittee Meeting Minutes - Minutes of December 17,
2003.
3. Collier Coun~y Coastal Advisory Committee - Minutes for October 9,
2003, November 13,2003 and December 11,2003.
4. Immokalee A~'ea Master Plan Ad Hoc Committee - Agenda for January
20,2004; Minutes of January 7, 20 and 21,2004.
5. Parks and Recreation Advisory Board - Agenda for January 21, 2004;
Minutes of December 17,2003.
6. Community Character/Smart Growth Advisory Committee - Corrected
Agenda and Minutes for October 22,2003; November 14,2003; Regular
agenda and minutes for November 25,2003 and December 12,2003. Also
attached is Form 8B memorandum for Voting Conflict for County,
Municipal, and other Local Public Officers by member, Bruce Anderson.
7. Bayshore Beautification M.S.T.U. - Agenda for January 14,2004;
Minutes of December 10,2003.
8. Citizen's Advisory Task Force - Agenda for December 18,2003; Minutes
of December 18,2003.
9. Conservation Collier Land Acquisition Advisory Committee - Agenda for
January 12,2004; Minutes of December 15,2003.
10. Collier County Tourist Development Council - Agenda for January 26,
2004.
II. Forest Lakes Roadway and Drainage M.S.T.U. - Advisory Committee-
Agenda for January 21,2004; Minutes of December 17,2003.
12. Lely Golf Estate Beautification M.S.T.U. - Agenda for January 15,2004
Minutes of December 18, 2003.
13. Radio Road Beautification M.S.T.n - Agenda for January 20,2004;
Minutes of December 16,2003.
/
f\a\a
\-\a\as
t\eno\ng
CO'1\e
co\etta ---------
AGENDA
RECEI1:0
JAN 0 8 nt, 1 1
\1>00.,..<1 of County ComralSS 10
ners
cou.1ER couNTY PLANNJNG COMMISSION WILL MEET AT g,3O A.M.. THURSDAY. IANUARY 15.2004. IN
THE BOARD OF couNTY COMMISSIONERS MEETiNG ROOM. ADMlNlSTRATION BUll.J)ING. couNTY
GoVf,RNMENT CEN'fER. 3301 TAMIAMI 'fRAIL EAST. NAPLES. fLORIDA'
li-01Jl; INDIVIDUAL spEAKERS WILL BE J..1MlTED TO 5 M1NUfES ON />J'lY
JTF,M. INDIVlDUALS SELECfED TO SPEAK ON BEHALF OF AN
ORGANlZATION OR GROUP ARE ENCOURAGED AND MAY BE AIJ..OTfED 10
MINUfES TO SPEAK ON AN JTF,M IF SO RECOGNlZED BY THE cWJ1<MAN.
PERSONS WISHING TO HAVE WRfITEN OR GRAPHIC MATERIALS INCLIJDED
IN THE ccPC AGENDA PACKETS MUST SUBMIT SAID MATERIAL A
Mn;IMllM OF 10 DAYS PlUOR TO THE RESPECTIVE pUBLIC Hf,ARlNG. IN
/>J'lY CASE. WRfITEN MATERIALS JNTENllED TO BE CONSIDERED BY THE
cCPC SHI\LL BE SUBMITfED TO THE APPROPRIATE couNTY STAFF A
MINIMuM OF SEvEN DAYS PRIOR TO THE pUBLIC Hf,ARlNG. I\LL
MATERIAL USED IN PRESENTATIONS BEfORE THE cCPC WILL BECOME A
PERMANENT PART OF THE RECORD AND WILL BE AVAJLAllLE FOR
pRESENTATION TO THE BOARD OF couNTY COMMISSIONERS IF
APPLICABLE.
ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THE ccPC WILL
NEED A RECORD OF THE PROCEEDINGS PERTAINING THEREfO. AND
THEREFORE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE
PROCEEDINGS IS MADE. WHIcH RECORD INCLIJDES THE TESTIMONY AND
EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED.
NOTE' The public shuuld be advised that tWU (2) members of the Collier County Planning
Cnnuni"ion (!)Wight Ric\ulU\sOn and Bob Mnrray) are also members of the e<>....unilJ
C/uJf'aCurlSmart Growth MMsory Co....Ute.. In this regard. matters coming before the
Collier County Planning Conuni"ion may come before the conunnnity Character/Smart
Growth Advisory Committee from time to time.
1. PLEDGE OF ALLEGIANCE
2. ROLL CALL BY CLERK
3. ADDENDA TO THE AGENDA
4. PLANNING COMMISSION ABSENCES
5. APPRO V AL OF MINUfES _ DECEMBER 4. 2003. AND THE LlJC MEETiNG MINUfES OF NOVEMBER 24. 20
6. BCC REPORT- RECAPS - DECEMBER 16,2003
7. CHAIRMAN'S REPORT
~ >~,,~: ~_~,~. Co rres..
g. ADVERTISED pUBLIC Hf,ARlNGS ADVERTISED pUBLIC Hf,ARlNGS
Oate: ~
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1
-.-----.'-
A. B/)..2003-AR-469q. Michael D. Hawldns, of Turrell and ASSodates, representing lIfkMeI D. Shrigley and G & M
Eo...... USA, Inc., requesting a IHooI boat dock eXlension from the m"'imum allowahle 20 feel 10 allow for a boat
dock facilily protruding a Io"i of 33 feelinlo the walerway. Propeny is locared at 199 Topanga Drive, further
described as Southpon on the Bay Unil One, Lot 97, in Section 6, Township 48 South, Range 25 East, Collier Counly,
Florida. (Coordinator: Ross Gochenaur)
B. BD-2003-AR-479S, Michael D. Hawldas, of Turrell and Associates, representing John McNkI>olas, requesting an
eXlension for a boot dock fadlily protruding a tottl of 41.5 feet inlo the waterway. The property is located at 160
Tah;ti S~eel, further described as LoI 284, Isles of Capri No.2, in Section 32, Township 51 South, Range 26 East,
Collier County, Florida. (Coordinator: Ross Gochenaur)
C. PUDA-2003-AR-400B, C. Laurence Keesey, of Young, van Assendetp, Varnadoe & Anderson, P. A. representing
Walenide Shops a' Pelka" Bay 1'Fust and WCl CO_nnities, Inc., requesting a rezone from "PUD" 10 "PUD"
Planned Unit Development known as the Pelican Bay Pun for the PUtpOse of amending the Pun doculDenl to
reallocate 170,343 square feet of appro'ed, hnl not yet construcred and ,"comoulted commercial use from the North
Commereial Area 10 the South COmmerdal Area. This relocared use will increase the approved nses hy 134,343
square feel of re,,"1 and 36,000 sqnare feel of office space within the South Commercial Area In addition, the Pelican
Bay PUD is currently approved In con..in up 10 8,600 residential dwelling units. This petition will reduce the
apprnved numher hy 800 units, 10 a new m"'imum 00,800 residential dwelling unils. The propeny In he cO",idered
for this rczone is lOcated in the Northwest quadrant of the intersection U.S. 41 and Seagate Drive, at 5555 Tantiami
Trail N., in Sectio", 32 and 33, Tnwnship 48 Snnth, Range 25 Easl, and Sections 4,5,8, and 9, Tow",hip 49 South,
Range 25 Easl Collier Counly, Rorida and consisting of 2, 104 acres. (Coordinato" Ray Bellows ) (COMPANION 1'0
DOA-03-AR_4777) (Continued indefinitely)
D. DOA.2003-AR-4"z. George L. Varnadoe and C. Lanrence Keesey, Esq., of Young, 'an Assendetp, Varnadoe &
Anderson, P.A., rep_nting Waters;de Shops a' PeJ;can Bay Tnut, requesting an amendment 10 the Pelican Bay
De,elopmenl of Regional Impact (DR!) 10 relocate 170,343 square feel of approved, hut not yet conslrucred and
uncomoulred commercial use from the north commercial area to the south cODUnercial area, reduce the appro'ed
maximum nuher residential dwellings hy 800 unils to a new maximnm of 7,800 residential dwelling units. The
propeny to he considered for this rezone is locared in the Northwest qnadrant of Ihe intersectioo of Tamiami Trail
(US-4I) and Seagate Drive in Sections 32 and 33, Township 48 Sonth, Range 25 Easl, and Sections 4,5,8 and 9,
Township 49 South, Range 25 Easl, Collier Counly, Rorida. (Coordinator: Ray Bellows) (COMPANION 1'0
PUDA-03-AR-479S). (Continued indefinitely)
E. PlJDZ-2/l03-AR-3764, Michael R. Fernandez, AIcP, of Planning Development, Inc., representing John J. Nevins, for
the St, John the Evangelist Catholic Chnr<.h, reqnesting a rezone from Planned Unit Development (Pun) to
COmmunily Facilities Planned Unit De,elopmenl CFPun, for a 14.89" acre project known as St, Jobo the Evangelist
pun. The applicanl is amending the "'hedole of uses hy deleting the Adult AssiSred U'ing Facilily use and changing
Ihe s"tos of se'ernl other USes from prindpal uses to accessory uses. The propeny is lOCated at 625 III" A venne
North, in Section 21, Township 48 South, Range 25 East, Collier Counly, Rorida. (Coordinalor: Kay Deselem)
F. PUDZ-2/l02-AR_3411, Rohen J. Molliere, AICP, of RW A, Inc, representing the applkants, Carl M. Nagel, managing
partner of CDN Properties liC, and Thomas Craig, Craig Coostruction and Restorntion, Inc., requesting a rezone
from "A" Agrkullnrallo "Pun" Planned Uoit Development for a project to he known as Nagel,Cralg Busmess Park
PUD 10 a1lnw a m"'imum of 417,000 sqnare feel of husioess park land uses in huilding nOllo exceed 35 feel in height
for 31St acres of propeny lOCated nn the weSl side of Collier Boulevard approximately" mile north of Vandetbill
Beach Road, in Section 34, Township 48 Sonth, Range 26 Easl, Collier County, Rorida. (Coordinator: Kay Deselem)
G. CU-2003-AR-4464, Louis Stims, requesting Conditional Use "20" of the "A" RnraJ AgricnltnraJ zoning district for a
SPOrting and Reereational Camp per LDc 2.2.2.3. The propeny is IOCaled at 206 I Moulder Drive, in Section 30,
Tnwnship 48 Snuth, Range 27 Easl, Cnllier COunly, Rnrida, consisting of 20x acres. (Coordinator: Rohin Meyer)
(WILL BE RESCHEDULED AT A LA TER DA TE).
H. CV.2003.AR-4S83, Beth KosmerllSluan Kaye, of Kaye Homes, reqnesting Conditional Use 119 of the "E" zoning
district, to allow the continnatinn of a Model HOmelSales Center per LDC 2.2.3.3. and 2.6.33.4. for 2.85 acres
locared at 910 39" Slreel S.W., further descrihed as North 180 feet of Tract 151, Unil 27, Golden Gale Es...." in
Section 14, Township 49 South, Range 26 EaSl, Collier COunly, Florida. (Coordinatnr: Michele Mn.scaJ
2
I.
':1
CU.2003-AR-4799, Edward B. Hanf, of American Dream Builders, Inc., requesting Conditional Use 9 in the "E"
Estates zoning district for a model home and sales center per Section 2.2.3.3. of the Land Development Code.
Property is located at 4050 13th Avenue S.W., on the southwest comer of 13th Ave SW and Collier Boulevard (C.R.
95]) Golden Gate Estates Unit 26, Tract 1]9, in Section 15, Township 49 South, Range 26 East, Collier County,
Florida, consisting of 5:t acres. (Coordinator: Michael J. DeRuntz)
1611
J.
CU.2003.AR.4995, Robert Duane, of Hole Montes, Inc. representing Christ Community Lutheran School,
requesting Conditional Use 10 of the "A" zoning district for a private school per Section 2.2.2.3. The property is
located at ]4785 Collier Boulevard. The property is in Section 34, Township 48 South, Range 26 East, Collier
COllnty, Flnrict~. ~nn"i<:ting of918i: llcres (Coordinator' Don Schneider)
9.
OLD BUSINESS
10. NEW BUSINESS
] 1. PUBLIC COMMENT ITEM
12. DISCUSSION OF ADDENDA
13. ADJOURN
1/15/03/ CCPC AGENDA/RBno
3
Fiala ",/
Halas
Henning
Coyle November 24,2003
TRAN~~;~PT OF THE MEETING OF THE COLLIER ~ 6 I 1
COUNTY PLANNING COMMISSION/LDC AMENDMENTS
RECEIVED
Naples, Florida, November 24, 2003 JAN 0 B 2004
./
Board of County CommissIoners
LET IT BE REMEMBERED, that the Collier County Planning Commission
in and for the County of Collier, having conducted business herein, met on
this date at 2:00 PM in SPECIAL SESSION in Building "F of the
Government Complex, East Naples, Florida, with the following members
present:
CHAIRMAN: Russell Budd (Excused)
Mark Strain
Lindy Adelstein (Excused)
Paul Midney
Dwight Richardson
Kenneth Abernathy
Brad Schiffer
Robert Murray
George Evans
ALSO PRESENT: Joe Schmitt, Comm. Dev. & Environmental Services
Patrick White, Assistant County Attorney
Marjorie Student, Assistant County Attorney
Marti Chumbler, Attorney-Carleton, Fields
Bill Lorenz, Environmental Services Director
r.'1isc. CUlles:
02te:~
Itemff llott:) \ Pr.....
Page 1
To:
November J ~J 1
The meeting of the LDC Amendments was called to order by Vice Chairman Mark
Strain at 2:00 PM.
.- ''''f
Pledge of Allegiance was recited.
Roll call was taken - a quorum established. (Mr. Budd & Mr. Adelstein are excused)
(Mr. Richardson & Mr. Abernathy are absent)
This meeting is a continuation ofthe LDC/Amendment hearing from November 20,
2003.
Mr. Patrick White - Assistant County Attorney - his recollection from November
13th meeting voted to hear the CCSL Provisions one time - then find the provisions as
consistent with the Growth Management Plan and then recommend approval to the BCe.
For those that would like to discuss the matter further, it would be appropriate under
Public Comment." If the interested parties would like to discuss any item prior to public
comment, it would be at the discretion of the Commission.
The regular Cycle III issues will be discussed later in the day - 6:00 PM - 9:00 PM.
There will be a break between 5 PM - 6 PM.
TAB K - 3.8 - Environmental Impact Statements
. Page- 9 - 3.8.5.5 Wetlands (letters b & c - items are on errata sheet)
. Page 10- 3.8.5.6 - Letter B - strike entire sentence.
. Page 10- 3.8.5.7 - amend language to be more consistent with Comp Plan to read:
Identify all listed species that are known to inhabit biological communities similar
to those existing on the site or that have been directly observed on the site.
. Page 10 & 11 - recommend striking last sentence referring to the 5 mile travel
distance of the Manatee Protection Pan.
Bill Lorenz - Environmental Services Director - stated they are working with
the Stakeholders Group looking at possible changes to the Plan. lfthe language is left
and changes are made later - another change would have to be made and it would be
redundant.
SPEAKERS
Nancy Peyton - Florida Wildlife Federation-
- 3.8.5.7 - Listed Species -letter (A) - suggested: to provide a plant and animal
species survey to include a minimum and strike "species of special status" and put
in "listed species". More consistent.
Commissioners Agreed.
Brad Cornell - Collier County Audubon Society -
- Page 10 - Harper Methodology - supported striking it.
- Page 11 - 3.4.5.8 (D) Soil Sampling - instead of "may" use "shall" be required.
Page 2
November 24, 2003
Bruce Anderson - Attorney
- 3.8.5.7 - (B) had already been addressed.
161 '1
Mr. Midney moved recommendation of Tab K with the revisions discussed and-find
consistent with the Growth Management Plan. Second by Mr. Schiffer.
Carried unanimously 5-0.
TAB L - 3.0 - VEGETATION REMOVAL. ETC.
. Page 6 - E. - Middle of sentence, "this exemption should not apply to mangrove
alternatives" etc. - strike rest of the sentence - meaningless.
. Page 9 - B-2 - Exceptions - who determines? There are criteria in the Code.
Language will reference the correct section.
. Page 10 - C. 1. - Who keeps record? County Staff does.
. Page 11 - 3.9.4.5 - "Vegetation Preserve - (on site) added in two places.
. Page 11 - D - 3 - demonstrated - what are the qualifications? Answer was
"what's in the best interest ofthe general public."
. Page 11 - 3.9.5.2 - C. - Immokalee Urban Designated Area - sensitivity of the
land? Mr. Strain is not comfortable with "demonstrated" again - it is not defined.
(Mr. Abernathy arrived at 2:25 PM)
Bob Mulhere - RW A - has no examples, but isn't new language. Discussion followed
and he will work on language for Page 11 Par. 3.
. Page 12 - 3.9.5.3 (A.2) Par.2 - delete.
. Page 13 - B.l.a. - (b) delete - it is redundant
. Page 13 - 2.a - different language - consistent with earlier change. (Add "of the
same type")
. Page 15 - 3.9.7.1 A. - discussions with Barbara Burgeson on the SDP & PUD's
being no other review process.
. Page 16 - D. Protective Covenants - Mr. Strain wondered why they need access
- answer was for maintenance activities for the Preserve areas. Need access for
Homeowners Assn. for maintenance etc. and is identified in the Preserve
Management Plan. E. Created Preserves - can reference the section. Discussion
followed on mitigation and being flexible.
. Page 17 - 2nd line - reference to 5 gallon shrubs - should change to 7 gallon.
. Page 26 - 3.9.9.3. - Do have proposed language to clarify-
. Page 27 - b. last sentence - how is knowledgeable determined? Like expertise as
those listed.
. Ms. Chumbler referred back to the errata sheet (sub-par. 6- 3.9.10.1.6.) add one
more exotic species - L. Carrotwood (CUP ANIOPSIS ANACARDIOIDES).
. Page 26 - 3.9.9.3. - Single Family & Two Family lots - added new language.
Any addition that adds square footage will trigger it.
. Page 11 - Par.3 - Discretionary Exception etc. - Mr. Mulhere proposes - after
"zoned property" strike the balance of paragraph and add new languages: where
Page 3
., .!'l:".
fl ". . ;
November 24 2ocl3 . '~1
,
both the required native preservation and the proposed essential service cannot be
reasonably located on the site. Such a reduction may be granted to the minimum
degree required to accommodate the essential service.
. Page 21 - Par. 7 - on errata sheet - strikes "or obtain a Density Bonus."
· Page 26 - 3.9.9.1. C.1. - strike (the) and strike requirement in second sentence.
SPEAKERS
Brad Cornell- Collier County Audubon Society
- Issue of exotic clearing for mitigation - Page 13 B.l.b. - discussed recommendation of
adding a sentence and did not think it was redundant, is confusing and did understand but
should be made more explicit. Mitigation was discussed further as being an obligation of
all development. Clarification will be added.
Mr. Murray moved to recommend approval of Tab L and being consistent with the
Growth Management Plan. Second by Mr. Schiffer. Carried unanimously 6-0.
TAB M - 3.11 - LISTED SPECIES
- Page 4 - 3.11.1 A. - All Developments shall be clustered - is it mandatory?
Ms. Chumbler suggested a language change as there may be some areas clustering may
not be allowed. She will make a change in the language. D. Who determines whether it
is appropriate or not (roadway crossings)? Letters from different agencies would make
that determination.
Page 5 - 3.11.3.3. - Clarifying language - Comprehensive Plan language, which is also
unclear - is a hot topic. This will probably be changed and amended in 2004. This
section can be stricken and Ms. Chumbler read the changes that will be presented.
SPEAKERS
Nancy Peyton - FL Wildlife Federation
- Is an informal working group working on listed species - FL Wildlife, Collier
Audubon, and Conservancy of SW FL & North Bay Civic Assn.
- Goal is that Collier County Government takes responsibility for protection of
individual listed species, and listed species populations in the County and not defer
to State or Federal Agencies. Concerns are:
- Want County to request technical assistance from the State Wildlife Commission and
US Fish & Wildlife Service on all development applications.
- County shall utilize recommendations and guidelines & letters of technical assistance.
- Not all projects in County go for Fish &Wildlife or State Wildlife Commission review.
Triggered by Wetland Impacts.
- Other questions concerning the Corp. not adopting the Fish & Wildlife
recommendations, the procedure for seeking reviews and conflicting recommendations
from State & Federal Agencies were among their concerns.
- One phase the committee discussed was to go back next year & amend the Growth
Management Plan to strengthen the Counties responsibility to manage individual listed
species and populations in the County.
- The County should develop & implement specific management plans for listed species.
Page 4
November 24,2003
- The real issue to address is the Growth Management Plan.
.~~,
" ~:""'.
Discussion followed on the responsibilities of who will manage the species and tile:~)
requirements of the Growth Management Plan being unclear and interpretation OTthe
language. Needs to be clarified in the Comp Plan. Will work on it together with the
County in 2004.
~ (1
(Mf. Richardson arrived at 3:20 PM)
Brad Cornell - Collier County Audubon
- Would like to see technical assistance letters.
- Need the County to protect its own populations and individual listed species.
- Need to have own management plans and regulations to provide promotion of recovery
of species in own County.
- "Shall Consider and May Utilize" is a good choice for language change.
Discussion followed on the language of "Shall Consider and May Utilize" being
consistent with the Growth Management Plan. Ms. Chumbler made several suggestions
for changes.
Nicole Ryan - Conservancy of Southwest Florida
- Concerned about how the GMP & listed species language is being interrupted.
- Is unclear & ambiguous - problem with agencies being more permissive & lenient than
county policies.
- Need to clarify language now. Wildlife will suffer and need something in the interim
until something is done permanently.
- Need to know how to protect wildlife in Collier County, deferring it to the agencies is
not going to work.
- 2004 LDC Cycle - Collier County needs to protect the counties wildlife species in
order for not becoming extinct.
Bob Diffenderfer - Signature Communities
_ He understands the action the County has taken & answers a question - not creating a
situation where there is a LDC which is inconsistent with the Comp Plan. The action
staff has proposed accomplishes the consistency and he supports it.
- Ambiguity - but support the current interpretation of the Comp Plan - have
jurisdictional agencies in which is their job to do so - in reviewing the species issues.
- The State and Federal Agencies have jurisdiction and issue permits - and understand
compliance with the permits.
- He provided a letter, dated 11-22-03 for the record. (Attached)
- They look forward to the County reviewing the Comp Plan in the next cycle to figure
out what the language means. They believe the current interpretation is correct.
Rich Y ovanovich
- He agrees with the change being proposed.
- Page 4 - inconsistency - need to delete the word "may".
Page 5
~, l
November 24,-!OO3'
- Working group mentioned earlier needs to include all stakeholders. In the past, those
with private property rights have not been invited. Needs to be a working group, not only
the environmental groups, but also private people also.
- Will help work on proposed language.
11
.~
Doug Fee - President North Bay Civic Assn.
- He read different goals of the Growth Management Plan in the County protecting
Fisheries and Wildlife and intent.
- Need to protect wildlife in County.
- Language already been adopted in LDC and read 3.11.2.2.
- His thoughts of discrepancies in the GMP and the LDC were stated.
- Doesn't support the State and Federal Agencies being involved.
Linda Reed Caron
- She agrees the issue in discussion needs to go to the GMP and her concern is the time it
will take. She agrees the "may" should be left in the language.
Tim Durum - Wilson Miller
- He talked about another County with a similar issue.
- When doing things just on County basis opportunities may be missed that are available
on a regional basis.
- Going through the Endangered Species Act through the Federal Government isn't an
easy task. He discussed the permitting process and regional mitigation.
- Talked about different sections mentioning "habitat".
- Page 5 - Subsection 3. Would take the place of 3.11.3.3. Suggested last 2 sentences are
stricken.
Mr. Midney moved to accept Tab M with the revisions and comments that staff
incorporated with being consistent with the GMP. Second by Mr. Abernathy.
Mr. Richardson wanted to make sure they have an option to have flexibility to
review on a case by case basis following the interpretations they see in other
portions of the Growth Management Plan within the confines of the law.
Carried unanimously 7-0.
Break - 4:02 PM
Reconvened - 4:12 PM
Russell Webb handed out revisions.
(Mr. Abernathy will not be in attendance at 6:00 PM and Mr. Strain will be late)
They will finish at 2:00 PM on December 1 st if need be and will be discussed later in the
meeting.
TAB N - ABBREVIATIONS & DEFINITIONS
Page 6
.
November 1,2003
Page 7 - Open Space - parking lots never been considered open spaces. 6 I
Discussed and will be looked at.
Page 10 - Carrotwood should be added to the listed - Tab L cross reference to
definition.
~~
.
Mr. Murray moved to accept Tab N subject to changes and clarifications discussed
by staff and being consistent with the LDC Amendments. Second by Mr. Midney.
Carried unanimously 7-0.
Clean UP lam!:uae:e in different Tabs
- Oil & Gas - different pages referenced in Tabs A, B & C.
. Provision - Page 10 - 11/18/03 draft - Section 2.2.2 'l'2 .2 - RFMU - receiving
Lands outside of Rural Villages A, 3, 13, - they propose listing "as a permitted as
of right within receiving this language - Oil & Gas expiration subject to State
drilling permits and Collier County Site Development Plan review procedures.
. Another change - Oil & Gas field development and production, subject to State,
Field development permits and Collier County Site Development Plan procedures.
. Ms. Chumbler explained how the allowable uses are used of "right" and for
"conditional" .
SPEAKERS
Brian McKenzie - Collier Resources Company - business entity for managing the
oil & gas minerals for the Collier family - over 1M acres in Collier County and
talked about the following:
. History of Oil & Gas from 1943
. Surface Impact devoted to oil & gas.
. State & Federal Agencies - regulate oil & gas activities.
. List of regulations to comply - Federal level
. Maintaining program
. Working with staff on language in LDC
. Concern is many provisions are in direct conflict with new proposed amendments
of the Cycle 3 LDC. Not existing ones.
. Affect on Permit process.
. Developed language - Permitted Use and Conditional Use. Staff has agreed to
the proposed language. (attached)
A lengthy discussion followed on the proposed language.
Language inserted - TAB A - 2.2.2 Y2 2 - A. 3. a.
2.2.2 Y2. 2 - A. 3. c.
2.2.2 Y2 3 A 1 M
2.2.2 Y2 3 A 3 E
2.2.2 Y2 4 A 1 g
Page 7
2.2.2 12.4 A 3 c
2.2.2 12 4 B 1 H & 2 B
November 24,2003
-II
J" 611
TABB
2.2.17.2 A 8 & C 1
TABC
2.2.27.11 C 31st Par.
2.2.27.11 C 3 2nd Par.
Mr. Richardson moved to approve the Oil & Gas issues in regards to the sections
mentioned by Ms. Chumbler and being consistent with the GMP. Second by Mr.
Midney. Carried unanimously 6-0. (Mr. Abernathy was not present for the vote)
Recess from 5:00-6:00 P.M.
Reconvened
Tab 1- TDRs
-3.6.39.6, Page 7, Paragraph B, "County maintains central TDR registry", add at
end of first sentence after "sales and transfers" phrase", as well as a central listing of
TDR credits available for sale and purchasers seeking TDR credits".
-Paragraph B, Sub-paragraph Id, Page 7, after "from which TDR credits were
generated" add phrase ", unless the RFMU or non-RFMU receiving lands on which the
TDR credits will be utilized and the RFMU sending lands from which the TDR credits
were generated are owned by the same persons or entities or affiliated persons or
entities". There was a recommendation that minimum price should be deleted.
-Paragraph 2, Page 7, "shall be sufficient until the developer submitted" should be
changed to read "shall not be approved until developer has submitted to the following".
Regarding the transaction, fee the language should be added as follows: a TDR
transaction fee sufficient to defray the expenses of the County in administering its central
TRD registry", this would go forward with a recommendation from the CCPC that this
fee be established as soon as possible.
-Paragraph 3, Pages 7 and 8, deadline for getting information is changed from 60
days to 120 days.
-2.6.3.9.4, Page 6, Paragraph lc, language was changed to read "the property in
question has a site development plan in common with adjacent property".
Mr. Midney moved for finding the information in Tab I as revised consistent with
the Growth Management Plan and recommended sending to the Collier County
Board of County Commissioners. Second by Mr. Abernathy.
Carried unanimously 6-0.
TabC
Page 8
November J ~131
-Page 14, Town Core, Paragraph N, "landscape islands and tree diamonds.gr~r -
than 15 square feet in size shall have a minimum of one tree" striking the word "canopy".
-SRA under Tab C and Rural Villages under Tab A, had allowable parking of 75
percent and allowed for reduction based on certain performance standards; should be
changed with the following language inserted: "The amount of required parking shall be
demonstrated through a shared parking analysis submitted with an SRA designation
application. Parking shall be determined utilizing the modal splits and parking demands
for various uses recognized by ITE, ULI or other sources or studies. The analysis shall
demonstrate the number of parking spaces available to more than one use or function
recognizing the required parking will vary depending upon the multiple functions or uses
in close proximity which are unlikely to require the spaces at the same time".
-Mr. Schiffer expressed concern regarding whether parking might be deficient if
common parking were used and that the amendment offers no parking requirement other
than an analysis to show what the parking is. Mr. Mulhere explained that parking
required will have to be demonstrated based on a site-specific analysis of the SRA, the
standard is going to be the Code.
-Page 15, Paragraph q, ii, where it speaks about signs being located so as not to
conflict with architectural features has been revised to read, "signs shall be installed in a
location that minimizes conflicts with windows or other architectural features of
buildings". Language is needed to provide for temporary signs and provide language that
clearly states that the definitions found in this RLSA document takes precedence over the
general definitions in the LDCs.
- Regarding ally width, cross-section has been revised to go to 21 feet.
-Graphics have been revised to make them more readable.
-All sidewalks are intended to be on streets and not alleys.
Tab A
-Page 6, suggestion for new 2.2.2.112 Ie, Ordinance No. 98-17 relating to Twin
Eagles Development requiring development to develop in accord with a specific cite
plan, that would mean that the Rural Fringe Mixed Use District Provisions would not be
applicable to that provision. These regulations would supercede Ordinance No. 98-17
and that development would now be subject to the rural fringe amendments as would any
other development in that area, that should be added as Paragraph C in Tab A.
SPEAKERS
Bruce Anderson, stated that the ordinance was approved in 1998. Part of the property is
platted and that part that is platted is grand fathered. Owner of remainder of property
would like to subject its property to the new standards and take advantage of the new
provisions. Mr. Anderson suggested a smaller minimum required lot size for clustered
multi-family development in the rural fringe with no change in density.
Page 9
November 24, t~ , 1-'
-Mr. Mulhere discussed Dark Sky provisions that deal with regulating outdoor
lighting, not using excessive energy to obtain desired results. Dark Sky provisions have
some esthetic, environmental, and risk management provisions associated with the
concept. Recommended creating a new section dealing with outdoor lighting and would
be placed in the supplemental section of the LDC. Recommendation was made to defer
this to the next cycle.
-Mr. Midney made a motion to recommend Tabs A through N as amended
and modified as being consistent with the Growth Management Plan for approval to
the Collier County Board of Commissioners with the provision that there be only
one hearing on the matter. Mr. Adelstein seconded the motion. Carried
unanimously 6-0.
Second Scheduled Hearing of Regular Cycle Amendments
-Russell Webb, Principal Planner, presented draft proposal ofthe
Vanderbilt Beach Residential/Tourist Overlay and requested a motion on whether or not
there should be a December 4 meeting regarding a possible extension of the moratorium
if the Board of County Commissioners cannot come to an agreement on what they would
like to do.
-Patrick White, Assistant County Attorney, need CCPC to make a finding of
consistency with respect to the extension for a six month period of time in the event that
the BCC does not adopt the overlay.
-Mr. Schiffer made a motion to hold a meeting on December 4, 2003, at 5:05
p.m., to hear 2.2.36 provisions. Mr. Murray seconded the motion. Carried
unanimously 6-0.
Div.3.15
- This is a continuation hearing on this matter. Comp Plan Amendments draft was
handed out. Changes were made as follows:
-Section 3.15.3.11.2, No.6, words "if applicable" were added.
-On Page 8, 3.15.3.31, words "Map TR 7" were added.
-Page 8, 3.15.3.31, words "Proportionate share payments under this section are
determined subsequent to a finding of concurrency for a proposed project within a
TCMA and do not influence the concurrency determination process" were added.
-Page 11,3.15.6.2., last paragraph the language should be changed to read "The
AUIR shall be the annual baseline of an ongoing, real-time concurrency determination
for roads."
-3.15.6.4.3.3, additions to language have been made as follows: (a) "that is
expected to increase the average vehicle occupancy for work trips generated by the
development"; (b) "that is expected to increase the average vehicle occupancy for work
trips generated by the development and/or increase transit ridership"; (c) "that is expected
to increase the average vehicle occupancy for work trips generated by the development
and/or increase transit ridership"; (d) "that are expected to reduce peak hour automobile
Page 10
November 2.J.2~311
work trips generated by the development; (e) "that would be expected to reduce vJiliicV
miles of travel and peak hour work trips generated by the development"; (f) "that would
reduce the vehicle miles of travel and peak hour work trips generated by the
development"; (g) "that would reduce auto trips generated by the development and
increase transit ridership"; (h) "or that would be expected to reduce vehicle miles of
travel and automobile work trips generated by the development". (i) "that would reduce
vehicle miles of travel". Also added was the language, "An applicant seeking an
exception from concurrency requirements for transportation through the certification
mentioned above shall submit an application to the Transportation Division
Administrator on forms provided by the Division. Binding commitments to utilize any of
the above techniques relied upon to obtain certification shall be required as a condition of
development approva1."
-Mr. Murray stated that he is an advocate for two year concurrency rather than
one year.
-Mr. Schiffer Had a concern that a developer could get three years worth of
development. Spreading out building of units was discussed.
-Norman Feder, Transportation Administrator, one-half of impact fees must
be paid at the time of final development and the rest within three years and then capacity
is tied up. Developer has paid impact fees for replacement capacity to be provided.
-Mr. Budd agrees with Mr. Murray regarding two years concurrency.
SPEAKERS
-David Ellis, Collier Building Association, supports three year funded plan.
Wants the County to be required to deliver on plan it put forth.
-Reed Jarvi, Collier Building Association, supports everything Mr. Ellis said
plus would like clarification regarding 3.15.3.21.2. Mr. Feder responded that
AUIR will be done once a year. Updates will be done based on quarterly counts.
Mr. Ellis expressed concerns regarding proportionate share.
-Mr. Feder stated that regarding the issue of proportionate share, that fee only
applies within TCMA areas and only after concurrency determination.
-Mr. Schiffer made a motion to recommend a modification to 3.15.311.2,
No.4, of two year concurrency. Mr. Adelstein seconded the motion. Carried
unanimously 6-0.
PUBLIC SPEAKERS ON PREVIOUSLY HEARD LDC - 3.13
-Kyle Kinney, President and Chief Operating Officer of Pelican Bay
Foundation, addressed the coastal construction setback line variance. Has concern
regarding storm, fire or some other event resulting in the destruction of more than 50
Page 11
. . ... N ove~b~r 24, 2<l3~ ~ 1 ....
percent of the facIlIty would make It nearly ImpOSSIble to replace those bUIldmgs that . .
have already received the necessary variances or permits from both the County and DEP.
Mr. Strain expressed concern about special legislation for Pelican Bay.
-Mr. Anderson, gave a presentation regarding the Coastal Construction Setback
Line and indicated that with the language that is proposed to be taken out of the current
Code, the possibility of applying for a variance to rebuild any of the structures back to
their original location is limited to circumstances of either avoiding a taking or for safety
and it also negates prior coastal construction line variance approvals that people have
gone through and received. Mr. Anderson stated that he would like to have the existing
variance language remain and also have the new language in Section 3.13.5.5 which
reads, "In the case ofthe destruction of any structure seaward of the CCSL for any reason
to an extent equal to or greater than 50 percent of the actual replacement cost of the
structure at the time of their destruction any reconstruction shall conform to the
provisions of the LDC in effect at the time of reconstruction including Division 3.17.
Said reconstruction may require a new CCSL variance" not added.
-Ed Staros, Managing Director of the Ritz Carlton, would like language
change reconsidered. It would be difficult to reconstruct beach facilities with the new
language. Beach is essential to well-being ofthe hotel and its employees. Ritz Carlton
would likely go out of business without the beach. It does not take a very large storm to
damage the beach and facilities.
Mr. Adelstein made a motion to reconsider the prior determination.
Mr. Schiffer seconded the motion. Carried unanimously 5-1.
-Mr. Adelstein made a motion to rehear the issue on December 4,2003, and
then forward it to the BCC their decision. Mr. Schiffer seconded the motion.
Carried unanimously 6-0.
-Robin Meyer, Zoning and Land Development, gave presentation regarding
proposed changes to height definition and some additions.
-Mr. Schiffer suggested using the center line ofthe road elevation. Mr. Schiffer
suggested using a definition of the actual height would be from the average center line
elevation ofthe adjacent roadways to the highest structure or appurtenances without the
exclusions of 2 6 3 1.
SPEAKERS
None
-Mr. Adelstein made a motion to continue the issue until the meeting on
December 4,2003. Mr. Midney seconded the motion. Carried unanimously 6-0.
Pole or Ground Signs
Page 12
November 24,2003
-Discussion on guidance as to what creates unique circumstances.
161
...."
.L
There being no further business for the good of the County, the meeting was adjourned
by order of the Chair at 8: 15 PM.
COLLIER COUNTY PLANNING COMMISSION
Vice Chairman Mark Strain
Page 13
Fiala
Halas
Henning
Coyle
Coletta
RECEIVED
JAN 0 8 2004
Decembel ~3,
_ 1
...
Board of Count} Commissioners
TRANSCRIPT OF THE MEETING OF THE COLLIER
COUNTY PLANNING COMMISSION
Naples, Florida, December 4, 2003
LET IT BE REMEMBERED, that the Collier County Planning Commission
in and for the County of Collier, having conducted business herein, met on
this date at 8:30 AM in REGULAR SESSION in Building "F of the
Government Complex, East Naples, Florida, with the following members
present:
CHAIRMAN: Russell Budd
Mark Strain
Lindy Adelstein
Paul Midney
Dwight Richardson (Excused)
Kenneth Abernathy
Brad Schiffer
Robert Murray
George Evans
ALSO PRESENT: Joe Schmitt, Comm. Dev. & Environmental Services
Ray Bellows, Planning
Fred Reischl, Planning
Marjorie Student, Assistant County Attorney
Patrick White, Assistant County Attorney
Susan Murray, Planning
Barbara Burgeson, Planning
Robin Meyer, Planning
David Weeks, Planning
"",;-"'~t;.." :,",
.~~
"'Itk''';l
Misc. Cones:
Date:~
Item#~~J\A\ ..
1
COI';es To:
.. Decemir ~or 1
.~
'. '..~4
1. Chairman Russell Budd called the meeting to order at 8:30 PM, and Pledge
of Allegiance was recited.
2. Roll Call - A quorum was established with Mr. Richardson being excused.
3. Addenda to the Agenda - Certain LDC Amendments will be heard after the
regular Agenda items on this date (12/5/03) and at 5:05 PM (time certain) the
Vanderbilt Beach Overlay hearing will be held.
4. Absences - none.
5. Approval of Minutes - November 6, 2003, and the LDC Meeting Minutes of
November 13,2003.
_ Make note Mr. Richardson was in attendance for the November 6, 2003
meeting.
_ Page 16 - Mr. Adelstein's motion was "7.2 unit per acre" for the
PUDZ-2002-AR-3158.
-Page 8 - Mr. Schiffer asked about the "drive" into the entrance of Wiggins Pass.
Mr. Abernathy moved to approve the minutes of November 6, 2003 as
amended. Second by Mr. Adelstein. Carried unanimously 8-0.
November 13th minutes-
_ Page 4 - need to correct the confusion of differentiating between the Planning
Commission from LDC Amendments. Several references were incorrect.
_ Page 5 - Item 3 - the R T Overlay presented by staff would have permitted 100
foot buildings - this item needs to be clarified.
_ Page 7 - Mr. Schiffer made a motion and wants it clarified to state "originally"
proposed by staff.
Mr. Adelstein moved to approve the minutes of November 13, 2003 as
amended. Second by Mr. Abernathy. Carried unanimously 8-0.
6. BCC Report - Recaps - November 3,2003 Workshop and November 18,
2003 Regular Meeting.
_ Coconilla PUD was continued by the Petitioner until January 27, 2004 to
consider revisions.
_ Nicaea Academy PUD was reconsidered on December 2nd with denial 5-0.
_ Conditional Use for the Communication Tower was continued to January 13,
2004.
Mr. Strain asked about the Coconilla PUD revisions and if the CCPC will be
hearing them. Ifit is significant changes, such as density, land use issues,
environmental etc. it would go back through the process again.
Mr. Y ovanovich responded they have already requested it be heard before the
CCPC.
2
7. Chairman's Report - none.
December 4, 2003
1611
;.-...
.rm
.~
-
7. Advertised Public Hearings:
A. PUDZ-2003-AR-3665 - Vincent Cautero, of Coastal Engineering
Consultants, Inc., representing Gates McVey Knopke, LLC,
requesting a rezone from the "A" Rural Agricultural zoning district
to a "PUD" Planned Unit Development district to be known as the
Lemuria PUD. This project will consist of 72 residential dwelling
units for a density of 2.97 dwelling units/acres. The property to be
considered is located on the east side of Goodlette-Frank Road north
of Orange Blossom Drive, South of Vanderbilt Beach Road and
adjacent to and south ofthe Collier County Carica Road Water
Storage and Pump Station, Collier County, Florida consisting of
24.21 +/- acres.
Disclosures - Mr. Strain spoke with Mr. Cautero and the applicant concerning setbacks
& other issues.
Mr. Schiffer had a courtesy call with Mr. Gates.
Mr. Budd spoke with the petitioner and his agent.
All those testifying were sworn in by Mr. Budd.
PETITIONER
Vincent Cautero - Coastal Engineering Consultants Inc., representing Gates,
McVey-Knopke - applicant and developer of site. An aerial photo was shown of the
area and described to the Commissioners. Being the property is located in a traffic
congestion zone, the project eliminates one unit per acre from the equation. Other
projects that are not located in the traffic congestion zone would be eligible to apply for a
maximum of 4, the maximum for this project is 3, and they are asking for 2.97 units per
acre. The surrounding development densities are greater than that. There are 4 land use
categories with one of them being infrastructure. He wanted to point out the minor
revisions to the site plan that were requested by the Environmental Advisory Council. A
type "C" buffer along the northern boundary was shown. An FPL easement was located
in the northeast comer of the property, so the amount ofland in conservation decreased
two hundredths of an acre.
He pointed out several items researched. Page 19 - setbacks to provide two back to back
parking spaces without encroaching into the required sidewalks with the maximum length
of 23 feet from the front of the garage. Multi-family setbacks were explained. Page 18 -
setbacks for preserves. Minor change #8 - 5 feet rather than 0 feet. It is inappropriate for
o feet. They have a maintenance easement and setback. In the Environmental standards
they will deal with the Federal and State levels and will also accept regulations and
guidelines of Collier County to comply with the Land Development Code Amendments.
They will comply with any changes and stipulations from the Environmental Advisory
Council.
3
'}:'
December 41" iQO):
OJ-I
Mr. Adelstein asked about the sidewalks and if the distance from the garage to the edge
ofthe pavement can be 23 feet on both sides ofthe garage - the response was affirmative.
~
...,
Mr. Midney was concerned about the traffic and being a gated community and wondered
about the interconnections. He favored not as many gated communities because of traffic
congestion. Mr. Cautero stated they are landlocked by public utilities and private
development so will be a gated community. The Goodlette Road widening will help
tremendously.
Mr. Schiffer referred to page 15 - intersections shall be provided with a minimum of20
foot radius for all internal project streets and a 35 foot radius for intersections at project
entrances. He wondered if it should be 25 feet. Mr. Cautero responded it is the minimum
requirement for the Land Development Code with no objections from staff. The side
yard setbacks were discussed. Mr. Schiffer asked if the 23 feet was from the garage or
garage door. It will be from the edge of the structure to the edge of the sidewalk.
Mr. Kant - Transportation Operations Director - the Level of Service on the road is
"X", being the road is under construction, after construction it will be at or above Level
of service "c" and possibly "A".
Mr. Strain asked if they would add "except where a sidewalk exists that at such time
measure at the back of sidewalk". Putting the model homes to the left would be more
feasible.
STAFF
Fred Reischl - Zoning & Land Development Review - he sees no objection to the
increase setback from 0 to 5 feet. The EAC recommended approval and staff is also
recommending approval.
Mr. Abernathy asked about the difference between a duplex and a two family dwelling.
There is a distinction in the Land Development Code dealing with setbacks and
residential standards. It's an ownership and platting issue. A duplex is a free standing
conventional building on a single lot which contains two dwelling units. A two family is
a free standing conventional building intended and designed and used and occupied as
two dwelling units attached by common wall and roof, but each unit is located on
separate lots. The petitioner wants to keep both options open.
Hearing was closed for motion and discussion.
Mr. Strain moved to recommend approval of PUDZ-2003-AR-3665, the Lemuria
PUD with the following conditions: that all the recommendations of the EAC are
met, Section 3.6.8.2 add sidewalks to the setback measurements where they occur,
Section 2.6C that no wet models be constructed on temporary facilities in the well
4
December 4, 2003
16~1
i(me, Table 1 - the 5 foot between accessory structures as a correction to Item #8,-
and the site plan be used that was presented to the eepe at this date December 4,
2003.
Second by Mr. Abernathy. Carried unanimously 8-0.
_1
~
B. PUDZ-2003-AR-3905 - Terry Kepple, of Kepple Engineering, Inc.,
representing Stewart Marcus, requesting a rezone from "RSF -1" to
"PUD" Planned Unit Development to be known as Carlisle Regency
PUD. Project will consist of a maximum of 35 residential dwelling
units and is located at the southeastern corner of the intersection of
Orange Blossom Drive and Yarberry Lane, Collier County, Florida
consisting of 11.7 +/- acres.
Disclosures - none.
Those testifying were sworn in by Mr. Budd.
PETITIONER
Terrance Kepple - representing petitioner - a revised sheet to the PUD document was
handed out. The acreage was wrong - 11.7 acres rather than the 17.9 acres. He
described the location of the property and is proposing a rezone to PUD for a maximum
of 35 units for an age restricted single family development. Access to the site is planned
off Yarberry Lane at the request of the Transportation Dept. They are providing for an
interconnection from the Carlisle - east of the project, giving access to Airport-Pulling
Road. The Carlisle will have services available to the residents. Project will provide all
water, sewer and drainage facilities in accordance with County Code. Site plans have
been done with loop interior road with lots facing on both sides.
This is a privately owned facility with Mr. Marcus part owner.
Mr. Strain discussed the sidewalks, front yard setbacks, and side entry garages. The
Table will be changed to clarify the petitioner's intentions.
Mr. Abernathy stated the sideyard setbacks should be a minimum setback in single
family homes of 6 and 12 rather than 5 and 10.
Mr. Adelstein asked about traffic on Orange Blossom Road.
Mr. Kant responded there are approx. 8-10,000 cars and drops in the summer. In the next
few months there will be a new route from Orange Blossom to Livingston. The trips will
be low due to the type of development. Have not found peak hours and will be little
strain on traffic.
5
December 4, 2003
STAFF
16Jl
Fred Reischl- the Master Plan was corrected and shows the entrance on Yarberry.
Storm Water Management plan still shows it on Orange Blossom and will be corrected
before the BCC meeting. A public meeting was held with a few people in attendance. Is
consistent with the Growth Management Plan and compatible with the neighborhood and
recommend approval.
Mr. Schiffer and Mr. Reischl discussed the front setbacks and sidewalk setbacks.
SPEAKERS
Willie Anthony - 559 14th St. N. - Owns property to the south of the project and has
concerns of the entrance at Yarberry and a landscaping buffer being adequate or not. He
was also concerned about the developer building 3 units to the acre and the buildings
being two stories or not. Other concerns were subdividing lots for some and not for
others.
Orsie Anthony - 2373 Anthony Court - Lives to the south of the project. Attended the
neighborhood meeting in which the entrance to the project was off Orange Blossom
Drive. He has concerns about it being off Yarberry now. There are no speed bumps, no
sidewalks, children playing in the area and questioned the safety ofthe entrance being off
Yarberry. He was concerned about the buildings being one or two stories. At the meeting
it was discussed leasing the lake from the County and possibly a berm in that area and
now understand it is no longer in the plans.
Mr. Strain was concerned that the neighborhood meeting was held with the access off
Orange Blossom and has since been changed to Yarberry and how the public now knows
if they responded to what the advertisement said. He questioned whether they are doing
something that is misleading to the public.
Mr. Bellows responded that the plans given at the public meeting were given before
submittal with the understanding that the plans could be changed and not sure it was a
guarantee that the access would stay off Orange Blossom.
The meetings are held so the public knows the plans are going through a review stage and
make them aware of future advertising so they can follow the process.
Mr. Adelstein mentioned the residents should be informed if the buildings are going to
be two story or not instead of after approval.
Mr. Kant answered the questions of the access road being off Yarberry. Traffic signals
are not warranted as there is not enough traffic for them. A plan for the intersection is at
Yarberry because the spacing is much better and they need to maintain the capacity on
Orange Blossom. Discussion followed on the access and being very little traffic.
6
Hearing was closed for motion and discussion.
December 4tO~
"'011
1
4
.
Mr. Schiffer moved to approve PUDZ-2003-AR-3905 with the following changes:
Section 3.4.2 where sidewalk exists, measure setback from the sidewalk. Table I-the
setback to garage is 20 feet. Table I - the side yard setback is 6 feet instead of zero
and the buildings are limited to single story with the reference to Sunshine Village
being deleted.
Second by Mr. Strain. Carried unanimously 8-0.
9:45 AM BREAK
9:52 AM RECONVENED
C. RZ-2003-AR-4080 - Jeremy Stark, of Hoover Planning &
Development, Inc., representing Lannar Partners, Inc., requesting a
rezone from "GC" Golf Course to "CF" Community Facility for a
church with a maximum of 513 seats the subject site is located on the
southeast corner of Rattlesnake-Hammock Road and Doral Circle in
Collier County, Florida consisting of 4.06+/- acres.
Disclosures - None.
Those testifying were sworn in by Mr. Budd.
PETITIONER
Bill Hoover - Hoover Planning representing the petitioners. He described the
location and acres involved. It is presently zoned "GC" Golf course and proposing to be
rezoned to "CF" Community Facility for a church with a maximum capacity at build out
of 513 seats. The existing Hibiscus Golf Course facilities are located across the canal
south with an existing access to the east side and shared access on the south side of the
church site. The golf course parking is located east of the church site and northeast a
water management area. Rattlesnake-Hammock Road is currently at LOS "C" and with
the project; it would not change the LOS.
The land is for sale for a church site.
At the informational meeting held it was suggested staff review the possibility of
restricting the church of accessing their site only from the shared access from the Golf
Course to reduce impact from the single family homes west of Doral Circle.
Ed Kant stated the access from Doral Circle and Rattlesnake-Hammock Road will help
the circulation around the use being asked for. They want to keep as many internal and
interconnections as possible. This is only a recommendation because of the multiple
accesses and usually recommends them when they feel necessary.
Discussion followed on the traffic impacts from the golf course and a church with Sunday
services and Sunday golfers. A traffic light does not meet the criteria.
7
December 4, 20031 6 I 1
Mr. Budd mentioned they will hear the Coastal Construction Setback Line (CCSL)
after the present petition, and will ask that the Agenda be amended.
STAFF
Robin Meyers - Planning - I letter was received after the staff report went out and was
handed out to the Commissioners. The public meeting was well attended with traffic
being the main issue and concerns. The property has access to the golf course and the
church is probably the least intensive use.
SPEAKERS
Allen Neil-149 Doral Circle - the entrance is a main concern along with traffic. On
weekends St. Peters has a large congregation and traffic is directed by the Florida
Highway Patrol being there is a lot oftraffic generated. It is very hard to get onto
Rattlesnake Hammock Road and with the golf course and added traffic from a church
will increase the traffic in the neighborhood. Then there are tournaments, they use the
area for parking where the church is going to be. He wondered where everyone will park
- will the golf course eliminate their parking, or share with the church on Sunday
mornings. He has no problem with the property being developed, just the problem with
traffic and the impact on Doral Circle. They would be more acceptable to the situation if
there was no entrance onto Doral Circle and put up some screening or buffering.
Bill Hoover answered a question concerning the parking and the Code today. He stated
there is sufficient parking for the golf course and then the church meets all the
requirements. The church facilities would be used from 8:00 AM to Noon and the golf
course wouldn't be able to use at the same time. Would make sense to have some type of
shared parking. It does meet the Code for shared parking.
Jim Glass - 103 Doral Circle - He agreed with the information presented so far. He
gave a history of the entrances from the past and old entryway. He stated they are still
directing vendors to the correct address because the address has not changed since the
new entrance has been put in and has become a traffic hazard. If the church is built, it
will exacerbate the situation more by allowing the church traffic. They would like to
propose shutting off the old entrance with some type of buffering, which would alleviate
much of the traffic. Many accidents would also be alleviated.
Mr. Strain asked about a buffer along Doral Circle. Mr. Hoover stated they are
proposing a Buffer Type "D". Type "D" is more intense and along an arterial roadway.
Mr. Adelstein asked about the size of the building. Mr. Hoover answered it would take
up approx. less than one-half acre or approx. 20,000 square feet facility. It was
mentioned they would be saving many of the oak trees on the property. There will be
214 spaces available for parking.
The church would not have a child care facility.
8
December 4, 2003
1611
Ordinance 1- Item 1 was questioned about permitted uses on the property.
Marjorie Student - Assistant County Attorney - responded that it should say "other
permitted use on the subject property is limited to a church." The other items are not
permitted uses. Customary accessory uses for a church - was added.
Hearing was closed for motion and discussion.
Mr. Strain moved recommending approval to Petition RZ-2003-AR-4080 with the
following stipulations:
1) Do not use Doral Circle as an access point.
2) A Type "D" Buffer will be completed along Doral Circle
3) Permitted use will be for a church with the exception that no accessory uses
will be granted in relationship to a Day Care Facility.
Second by Mr. Abernathy. Carried unanimously 8-0.
Mr. Midney moved to amend the Agenda to hear the Coastal Construction Setback
Line Variance as the next item. Second by Mr. Schiffer. Carried unanimously 8-0.
LDC SECTION: Division 3.13 Coastal Construction Setback Line Variance
Barbara Burgeson - Staff amended the language and she handed out the information to
the Commissioners.
The proposed - 3.13.5.5 is "Reconstruction shall conform to the provisions of
Division 3.17. of the Land Development Code, in effect at the time of reconstruction.
Said reconstruction may require a new CCSL variance.
The added language by staff to consider is: and shall be allowed to rebuild within the
exact footprint of the building that was destroyed regardless of whether it was a
natural or otherwise caused disaster.
3.13.5.6 - New construction may be built seaward of the CCSL as long as it is within
the exact footprint of the previously approved building, after the approval of a new
CCSL variance.
Language is due to concerns of a property owner choosing to remove the building - the
previous amendment stated if it was by their choice to remove the building they would
need to comply and rebuild behind the CCSL line. This change exempts them from
doing that.
Marjorie Student - Assistant County Attorney - in reviewing Division 3.17 - specific
language refers to the fact that if they are damaged to a certain extent (50%) of the
replacement value, they would have to meet certain standards. One is the Collier County
and State of Florida DEP Coastal Construction Control Line regulation. Setback line is
9
December 12003
the Counties line, and the States line is the Control Line. Is an ambiguity and languagP f 1
amended is to clean it up. She talked about getting the variances and money from the
. .
Insurance compames.
,..,.,.
';
Marjorie discussed sections 3.13.5 and 3.13.5.1 talking about prohibitions on variances
and building back to the original footprint. She has concerns of taking out 3.13.5.1 - a
variance could be gotten if there was no reasonable economic use, and the criterion
would be gone. That can be discussed with staff.
The new language that staff has says th,lcan construct new buildings as long as they are
within the footprint of the previously approved building.
Barbara explained back at a joint CCPC and BCC workshop, the Vanderbilt area was
discussed that there wasn't a consistent line of construction. No science being used to
determine how far out the building could be constructed. It was being determined by
what the neighbor had built previously. Staff was directed to consider that they need to
use a consistent line - reviewed the rest of the County - and the rest of the County uses
the consistent line which is the CCSL. The added language was due to the concerns of
the last CCPC meeting - that property owners feeling they were being penalized if they
chose to remove the building as opposed to it being destroyed or damaged. This is a
response to the publics concerns.
Marjorie spoke of Section 3.13.5.6. - Difference in this one and the non-conforming
Section. She has not had a chance to compare against Division 18 - the non-conforming
Section talking about the 50% replacement - new rules and new construction against the
old rules.. ..when tinkering with the Land Development Code, there can be some
unintended consequences.
Barbara mentioned 3.13.5.6 was added without County Attorney review and may not be
appropriate to approve now.
A lengthy discussion pursued concerning new construction, building within the footprint
and going through the process of getting variances. Commissioners questioned specific
wording to understand what staff is trying to say.
Barbara explained if they have a CCSL variance, without an expiration date, that variance
would apply for rebuilding and they wouldn't need a new one. If a new variance was
needed, and there was an expiration date, or structure was built with building permits and
no variances, a variance would be needed first. Then it may require a CCSL variance
which "shall" be presented for approval to the BCe. (That's the way it should be
written.)
Marjorie discussed the build back policy for disasters saying there are additional rules in
reference to the Collier County and the State erosion line.
Mr. Abernathy was concerned about the CCPC presenting this to the BCC knowing the
County Attorneys office may render more information between their meeting and the
10
BCC meeting making it difficult giving advice to the BCC. He stated ifthere is no
urgency, he would like to see it in the next Land Development Code cycle. When it is
addressed by the County Attorney and cleared up the public can intelligently address the
issues and concerns.
Staff was asked to do the CCSL in accordance to the Vanderbilt moratorium overlay.
There may be some issues with the moratorium date that may conflict with it not being
approved during the cycle.
December 4, 2003
1611
i
I.
I
Marjorie suggested discussing the concept and bringing back language as soon as they
can. It was decided to hear from the public and come to a conclusion afterwards.
SPEAKERS
Steven Sposato, AICP - Maps were shown and these were his concerns and comments.
. Economical impact on property owners along the beach.
. Good policy to notify residents of possible change.
. Impossible to reconstruct whether a storm or man made event.
. Proposal lacks detail regarding number of seawalls existing and structures
impacted.
. Public policy with too many "what ifs" that can't be answered by staff.
Kyle Kinney - President of Pelican Bay Foundation - comments were as follows:
. Concerns on rebuilding aspects.
. Current language is significant
. Maybe creating more "what ifs" than what is currently there and approved by the
State and the County.
Rich Y ovanovich - Signature Communities - comments were as follows:
. Stated there was no tie to the Vanderbilt Overlay for the changes to the CCSL.
. There is a science to the setback procedure - the State Statutes addresses design
and permitting of structures.
. No standard or measurable criteria.
. Need to focus on where they are now, why are they trying to fix a process that is
not broken. Leave the way it is - is appropriate.
Bruce Anderson - on behalf of the LaPlaya Hotel- comments were as follows:
. Quoted the Florida Law - Chapter 161 of the Florida Statutes consisting of three
parts.
. Part 3 - reference in staff report for reason for LDC amendment.
. Part 3 - Directed to construction standards for property extending 1,500 feet
inland from Coastal Construction Control Line, established under Part 1.
. Part 1 - regulates the citing of structures seaward of CCCL.
. Nothing in the Coastal Zone Management Act - provides the authority to prohibit
construction seaward of the CCCL in which it is being proposed.
. Current LDC contains the same language staff proposes to delete.
11
December4'lob \ 1'~
. Current law is site specific and performance based.
. Current LDC language should be left as is.
. He addressed the seawall prohibition. The staff's language would prohibit the
construction or replacement of seawalls or other similar shore hardening
elements. He quoted the Florida Statutes that addresses or replacement of
seawalls.
. Can delay - or debate - but felt they should end it today, bad idea and no need to
adopt the Amendment.
Ed Staros - Managing Director for the Ritz-Carlton Resort - comments were as
follows:
. Many unknown consequences.
. Confused since adequate protection is in place.
. 100% of the beach concessions are across the line.
. Hired appraisers under the assumption of not rebuilding.
. Value of property would be reduced by tens of millions of dollars.
Mr. A. D. (Bud) Martin - 9790 Gulfshore Dr. - comments were as follows:
. Concerned about protecting homes.
. Footprints okay - but build back to current building codes and not sure when the
CCSL is going to change.
. Would like to see - build back what you have.
Ron Albeit - General Manager of the Registry Resort - comments were as follows:
. Agrees with all the speakers - no need for a change.
. Registry is partners with the County and working well.
. Went through a build back with the County for improvements.
. Code allowed them to do many of the improvements with restrictions and
guidelines.
. With new language, would restrict them - no changes on the beach front.
. County interested in expanding beach access - so questions the purpose of having
this code approved when there would be no facilities in having the beach access-
no restaurants or restrooms.
. Not a simple process to reapply for a CCSL variance and costly.
. Consider dropping from Agenda.
Diane Ketchum - President of Vanderbilt Beach and Bay Assoc. - comments were as
follows:
. Did not know or think the moratorium had anything to do with working on the
CCSL.
. Knew the CCSL was in the Code and defined, but did not know there were going
to be changes.
. All of Vanderbilt Beach Community is in agreement that what the County is
proposing would be disastrous for the Community. Could totally wipe out the
community if they could not build back.
12
December 4, 2136 \ 1
. Need to study more thoroughly and leave it the way it is.
Mick Moore - 9225 Gulfshore Dr. N. - Family owns Vanderbilt Beach Resort-
comments were as follows:
. Echo all the concerns from other property owners and oppose any change to the
CCSL process.
. Went through process recently and knows it is adequate.
. County looks at it on a case by case process.
. It would tie the hands ofthe Board of County Commissioners.
. End discussions now, don't need change.
. They have a seawall on property and are opposed to properties that have seawalls
and be required to remove them.
Donna Caron- 790 Wiggins Bay Dr. - comments are as follows:
. BCC asked staff to come up with language to enforce CCSL.
. She was opposed and stated there has not been enough discussion on the issue.
Doug Fee - President of North Bay Civic Assn. - comments were as follows.
. North Bay - 6 miles of beaches - resource they rely on and need to talk about the
future of the Beach and Natural resources.
. He read "Rule 10".
. Rules are changing.
. BCC wants to decrease variances
. Opening up whole County with everyone having the equal right to seek variances.
. He asked if they are to move structures upon rebuilding, or increase the variance
proceedings to move all the buildings that are conforming where their neighbor is.
. Supports original proposal from the BCC three weeks ago to move the structures
back to the CCSL.
Brad Cornell- Collier County Audubon Society - comments were as follows:
. He stated it is a good idea to require building to the CCSL.
. Outlined in the Growth Management Plan and the State policy.
. BCC and staffhave good intentions.
. Supports and endorse the direction in which staff is going.
. Protection for the beaches and restoration.
. Start to move the buildings back as they occur.
. Does not support voluntarily taking down a building and then rebuilding within
the same footprint.
Barbara Burgeson answered some of the comments made by the speakers.
- This was in the package of the Vanderbilt Beach Overlay and was then pulled.
- Agreed with Bruce Anderson allowing the continual line of construction where
appropriate such as Pelican Bay.
- Only reason seawall language was added was a result of the Vanderbilt Beach
Motel variance that went in front of the BCC. The Board questioned why staff did
13
not require removal of the seawall.
December 4, 2003 ~. t'~ ~
'),. b \ \~
Mr. Budd asked if they have the authority to end this issue now or are they advisory
only to approve or deny it.
Marjorie Student answered that they are a recommended body to the County
Commissioners and they make recommendations and state the reasons for them.
Mr. Strain moved to recommend denial of any changes to Division 3.3 of the
CCSL that was proposed which includes the whole document.
Second by Mr. Adelstein.
Mr. Midney commented on the seawalls being less of a problem if they didn't have
them. He didn't want to throw out the whole idea of putting more restrictions on the
construction of CCSL.
Mr. Strain stated the reason he made the motion above is because he believes the
way the Division is currently written meets the needs of the community, safety and
public welfare and should remain as is, and is consistent with the Growth
Management Plan
Mr. Abernathy was under the impression they were going to hear this issue again in
February and let the citizens put their positions on the record today. Seems to him the
message he wants to send is that it wasn't ready for them with the incomplete
information given (to no ones fault) but just not ready to say "yes" or "no".
Mr. Budd agreed with Mr. Abernathy and don't even know why they are addressing
the issue but supports Mr. Strains motion.
Mr. Murray said they are struggling with the "sins of the past" and stated he can't
support to change things.
Mr. Patrick White - Assistant County Attorney - stated they need a
recommendation of consistency or inconsistency.
Mr. Strain answered it is inconsistent because it isn't consistent with the language
that is already there.
Motion passed 6-2. Mr. Abernathy and Mr. Evans voting "no".
The GMP Amendments will be heard after a one hour lunch break.
The Land Development Codes on height will be heard at the end of the meeting after
the GMP Amendments are heard.
LUNCH BREAK-ll:45 PM
RECONVENED - 12:45 PM
14
December 4, 2003
The meeting reconvened at 12:45 PM.
1611
Marjorie Student - Assistant County Attorney - reminded the Commissioners
they need 5 votes ofthe Planning Commission to adopt Transmittals.
D. 2003 GMP Amendment Petitions
Petition CPSP 2003-4
- Amending the Future Land use Element (FLUE) to add a new policy
referencing the two Interlocal Agreements adopted in May 2003 by the Collier
county school Board and the Board of County Commissioners; referencing the
Future Land Use Map (FLUM) Series depicting existing and future school sites
and school support facilities; referencing a map of existing school and school
support facilities in the FLUE support document; and, identifying zoning
districts which allow and which do not allow school and school support facilities.
-Amending the FLUM Series to add new maps depicting sites upon which
schools and school support facilities are located, and depicting undeveloped sites
for future schools and school support facilities.
-Amending the Intergovernmental Coordination Element (ICE) to refer to
the two Interlocal Agreements adopted in May 2003 between the Collier County
School Board and the Board of County Commissioners.
-Amending the Golden Gate Area Master Plan to reference the two
Interlocal Agreements adopted in May 2003 between the Collier County School
Board and the Board of County Commissioners and to cross-reference the
FLUE and ICE policies and FLUM series.
-Amending the Immokalee Area Master Plan to reference the two Interlocal
Agreements adopted in May 2003 between the Collier County School Board and
the Board of County Commissioners and to cross-reference the FLUE and ICE
policies and FLUM Series.
David Weeks, Chief Planner, Planning Services
-Cycle 3, sufficiency
- This is the adoption cycle, Collier County Planning Commission will make its
final recommendation to the Board of County Commissioners
- These are amendments to the Growth Management Plan.
-This is a legislative action, not quasi-judicial.
- There is a Notice ofIntent sign-up sheet available in hallway.
-Hearing was properly advertised via full- page ad.
- The Board of County Commissioners will hear these items on December 16.
-All six petitions have some changes since the transmittal hearing of July 18.
15
December 4, 2003
-Petition 5 which deals with community character Smart Growth AdvisoJ 6 I 1
Committee recommended changes dealing with mixed use development and Petition 8
which is the transportation concurrency management have very significant changes since
transmittal.
-Gave overview of contents of notebook.
'. :~
..
STAFF REPORT
-For each petition, recommendation of each Board member and the Board's
recommendation at Planning Commission hearing and the Board's hearing during
transmittal is provided. Environmental Council does not review these types of petitions
so there is no recommendation from them. There are no areas of historical or
archaeological probability for any of these petitions. For all six petitions, Staff is
recommending some revisions.
Mr. Abernathy asked that "adjacent" be defined. Response was "adjacent" was defined
as being absolutely next door, property line touching property line.
Mr. Strain suggested that everyone impacted should be notified.
Mr. Abernathy pointed out that not just people next door may be impacted, but everyone
on a street.
SPEAKERS
Amy Taylor, Collier County Public Schools
-"Impacted" referring to adjacent property owners is fine.
-Adjacent property owners around entire piece would be notified.
- Required to provide notification 30 days prior to School Board meetings in
newspaper of intended acquisition of property.
-Currently developing a revised notification policy and will bring to Board in
January.
-Property across street from school should be considered adjacent.
- It was suggested that standards of distance could be used. There are different
types of impacts with different types of land uses.
Marjorie Student
-Land Code indicates that within urban area it is 500 feet and areas outside of urban
designated areas it is 1,000 linear feet. Looking at these issues when word like
contiguous or adjacent are used it does cause problems when dealing with intervening
rights of way or water bodies so it is better to use numeric amount of distance.
Mr. Strain suggested wording "adjoining, lying near but at a distance no greater than
1,000 feet".
16
December 4, 2003
1611
Majorie Student
-Issue with adjacent or adjoining but no greater than raises the question of either
or.
Ms. Taylor would like to bring a fully developed policy back for the Commission's
input, 500 feet may be fine, and she would like an opportunity for the School Board to
discuss the issue further
Marjorie Student stated that she has a concern about how it would be applied in the
meantime. Wondered ifthere would be a problem with picking a number in the
meantime until the School Board brings us their language.
Mr. Strain asked if Golden Gate Estates was protected from a high school locating there.
Mr. Weeks indicated no.
Marjorie Student
In the Land Code the Estates are considered zoned agricultural, agriculture district,
rural zoning or similar phraseology, it is in 2.1.14 Definitions of Groupings of Various
Districts, the Estates are not considered residential under these groupings in the Code.
Mr. Strain made a motion that CPSP 2003-4 be forwarded to the Collier County
Board of Commissioners recommending approval with the following two
clarifications. Policy 5.14 (d) in the notification provision of adjacent property
owners, the word "adjacent" be replaced with "notification of property owners
within 500 feet in the urban area and 1,000 feet outside the urban area. In Item E
(2), where it reads "for a high school facility to be located in any residential zoning
district or residential components of a PUD," the words "or estates" should be
inserted before the word "zoning and after the word "residential", the motion was
seconded by Mr. Adelstein; motion passed 8-0.
Petition CPSP 2003-5
STAFF REPORT
David Weeks, Chief Planner, Planning Services
-Planning Commission recommended 4-1 that this petition not be transmitted
because petition was jumbled and unclear.
- There have been significant changes since the transmittal hearing which are
reflected in the Staff Report.
-Goal 2 and Goal 3 under Subsequent Objectives and Policy are not recommended
for transmittal due to lack of clarity.
-Overall purpose of this amendment is to promote mixed use development,
residential development with a commercial component or commercial development with
a residential component.
-Contains rationale for changes.
17
December 4, 2003
-Greater incentive is needed to get mixed use development.
-Higher density will provide incentive.
-5.1 changes promote mixed use.
-Gave Overview of Community Character/Smart Growth Committee petition
changes and comments.
16\1'"
Majorie Student
-Under Commercial Mixed Use Subdistrict, Item No.1, PUD needs to come back to
be amended to allow this and it cannot be automatic.
Mr. Weeks
-Staffs recommendation is for the CCPC to recommend adoption of this petition
with the changes outlined in the Staff Report.
Mr. Strain asked should it be tied to density rather than acreage.
Mr. Weeks responded this will require rezoning.
Mr. Strain asked if they would be entitled to rezone and Mr. Weeks responded no.
Mr. Strain asked regarding buildings five stories in height inclusive of under building
parking, would the five stories be defined pursuant to the true height of footage rather
than stories or does five stories dominate. Mr. Weeks responded that this is a matter of
interpretation. It was further discussed and was decided that this needs clarification.
Height should be the factor. Staff will come back with numeric analysis of stories.
-Reward in residential is that you get to add commercial; the reward in the
commercial is you get to add residential.
- There is no minimum lot size.
Mr. Strain made a motion that Petition CPSP 2003-5 be forwarded to the Board of
County Commissioners with a recommendation of approval with clarifications as
follows: Item 71, Staff will provide a definition of height referencing a numeric
value; Section 3.1, rephrase the excluded areas, reference to Cl through C3 uses, so
that it is not a self-amending plan, we should have an effective date of adoption,
seconded by Mr. Schiffer; motion passed 8-0.
Motion was made to continue Growth Management Plan hearing until after hearing
the sign portion of the LDC hearing, motion was seconded; passed 8-0.
This is a continuation of a prior CCPC hearing on the sign matter.
Russell Webb, Principal Planner, Community Development and Environmental
Services Division
-Gave overview of Staff Report
18
December 4, 2003
1611
-Administrative variance process f9r signs with frontage of less than 150 feet was
prepared.
SPEAKERS
Jason Dickerson, comments were as follows:
-Variance is cumbersome for small business with no guarantee of success.
-Would like nicer sign than 4 by 8 piece of plywood, 50 square feet would be more
desirable.
DISCUSSION
-Administrative variance is necessary because criteria needs to evaluated, site visit is
needed, research is necessary.
-One of criteria states that other signs cannot be blocked.
-Current fee is $1,000.00.
-Pole sign is the same as a ground sign
-Signs need to provide visibility for structures not visible to the road.
Mr. Schiffer made a motion that this should be a permissible use, should be
available to any site whether the business is visible or not, so "C "should be
eliminated, finding of consistency with Comprehensive Plan was established, there
shall be only one public hearing on the matter, motion was seconded by
Mr. Murray, motion passed 8-0.
2:20 P.M BREAK
2:30 P.M. RECONVENED
Mr. Schiffer made a motion to amend the previous motion by removing Item G,
motion was seconded; motion carried 7-0, with Mr. Abernathy not present.
D. 2003 GMP Amendment Petitions (Continued)
Petition CPSP-2003-6
-Darren Murphy, Planner, Planning Services
-Only one change on Page 16 reference policy 10.1.5 since the last meeting.
SPEAKER
Donna Caron
-Is analyzing Manatee Protection Plan and opposed changes to language until they
are done their process.
-Does not want to see any lessening of protection for manatees.
19
December 4, 2003
Patrick White
1611
oW ,.~
..
- The whole of the Manatee Protection Act has been brought into the Comprehensive
Plan rather than just a piece of the Manatee Protection Plan.
Mr. Strain made a motion that the CCPC recommend approval of CPSP-2003-6 and
find it consistent with the Comprehensive Plan and and that this is our last hearing
on the matter, motion was seconded by Mr. Adelstein, motion carried 8-0.
Petition CPSP-2003-7 - Economic Element
David Weeks, Chief Planner, Planning Services
-Transmittal hearing recommendation was to delete reference to specific entities.
-One change is in Policy 1.2.4 to delete reference to "the Tourist Development
Council and other" and with that Staff recommenderd approval.
Majorie Student
-Regarding Policy 1.1.6, oil drilling, it has latitude and longitude, it is not complete
reference.
- Wording of 1.2.1 regarding expansion of tourism industry was discussed.
SPEAKERS
-None
Mr. Strain made a motion to recommend denial of CPSP 2003-7 and that this be the
last hearing on the issue, Mr. Abernathy seconded the motion; motion fail 6-2.
Mr. Murray made a motion to recommend to the Board of County Commissioners
adoption of CPSP 2003-7 with this being the last hearing on the issue, motion
seconded by Mr. Adelstein, carried 6-2.
Petition CPSP 2003-8
Stan Litsinger, Comprehensive Planning Manager
-Implementing regulation was passed on November 20.
-Submitted 36 page staff report and technical response to DCA objection to the
transportation concurrency management system.
-DCA ORC Report has eight page list of objections to this amendment.
20
December 4, 2003
161
Mr. Adelstein objected to the untimely submission of the report, had insufficient time to
review report.
""I
J..
Mr. Adelstein made a motion to continue the matter until December 15, at 5:05
p.m., motion seconded by Mr. Midney.
Patrick White
-In the comprehensive planning adoption process we are required within 60 days or
thereabouts of the ORC Report to have the Board either adopt the amendment, adopt the
amendment with changes or not adopt the amendment. Ifnot adopted or denied timely, it
would have to be retransmitted.
Majorie Student
Solution possibly would be to have a special meeting and continue it to a date prior to the
16th.
Motion was voted on to continue the matter until December 15, at 5:05 p.m., motion
failed 2-6.
Mr. Strain asked if page 1 references one year.
Mr. Litsinger responded we transmitted one year relative to the inclusion of capacity of
projects within the scheduled capital improvements as only being the year following the
eight annual A VIR and in the annual budget.
Mr. Strain asked if the situation would be improved if two years were recommended.
Mr. Litsinger responded one year is sustainable.
Thomas Scott, Transportation Planning stated, yes, they would be more comfortable
with two years.
Mr. Strain, asked regarding Policy 5.6, if a business comes in that qualifies under some
of those criteria and, typical to all businesses, the business may have to file Chapter 11
and go away, a new business comes in, and the building was already established because
of these criteria, will the new business be bound by the same criteria, how would that be
regulated.
Marjorie Student stated that the requirements that are listed are 9J5 requirements. If the
first business failed, then the new business would have to go through new permitting and
get a new certificate so they would still have to meet concurrency.
(Mr. Schiffer left the meeting at 3: 15 p.m.)
21
December 4, 2003
Mr. Litsioger stated that he is not sure that through this mechanism and apPlicatil J;
this system that we can control this.
, 1 ". .~~\
U . .~. .
(Mr. Schiffer returned to the meeting at 3: 16 p.m.)
- TCMA does not expand.
-Link by link application is more strict.
-Proportionate share service is funded by developers paying impact fees
-Analysis is based on committed traffic.
Majorie Student
The concurrency statute is predicated on either meeting the level of service, if you don't
you have to defer development and get funds to fix road, or lower level of service, get
money to fix roads. Moratorium, lower level of service and getting funds to fix roads
work in tandem depending on what local government wants to do to deal with the
problem.
-South of US 41, within the urban coastal fringe in revised Staff Report within the
TCMAs and TCEAs approvals or density bonuses are excluded in those areas from the
traffic congestion penalty.
-Four units per acre can be exceeded in the coastal fringe through the transfer of
development rights program.
-Part of concept in TCMA and TCEA is that part of their operational process in addition
to transportation is that you want to attract infill and redevelopment to those areas and so
they are exempted from the penalty that would apply if they were not a TCMA or TCEA.
-Golden Gage Parkway will go to lower than established level of service next year, it has
been policy constrained by the Board at four lanes. Left turn lane may be added at 951.
-Even after being increased to six lanes, roads will fail by 2008.
-Roads must be built to keep up with growth.
Glen Heath, Comprehensive Planning, large report is expanded version of smaller
report. Report is a point-by-point response to DCA's objections. In density rating
system, nothing is a given. Staff makes recommendation of entitlement and Board
decides whether or not to accept the recommendation. Means of monitoring compliance
with provisions is needed. Gave overview of major differences in two reports.
SPEAKERS
David Ellis, Collier Building Association, believes the TCMAs, TCAs are sound.
Reliance of funded plan, would like recommendation of three years, but to be consistent
with land development regulations already adopted, recommendation of two years would
be acceptable. Would like language that ties the Commission to once there is a failed
link. It may not be possible to put in parallel roadways through existing developments.
22
December 4,2003
Mr. Mnrray made a motion to approve with a recommendation that it incorpora!.6 , 1
the two year time frame, seconded by Mr. Schiffer.
Mr. Litsinger, Exhibit A to Petition 8, Policy 1.53, Page 1, recommended language read
"the necessary facilities and services are in the first year of the schedule of capital
improvements", add "or second".
Mr. Murray indicated that Mr. Litsinger's recommendation was acceptable to him,
Mr. Schiffer likewise found the recommendation acceptable. Motion carried, 8-0.
Petition CPSP 2003-9
Marcia Kendall, Comprehensive Planning, only proposed change is to include Contour
Map. Staff recommends petition for approval.
Mr. Schiffer made a motion to recommend approval of CPSP 2003-9, motion was
seconded by Mr. Murray, motion carried 8-0.
9. OLD BUSINESS
LDC Amendment - Cycle 3, 2003
A. Height
Robin Meyer, current definition of height is modified to be "now zoned building
height". Definition of grade is still in there. 6: 1 0.2, Supplement 18, is more direct than
before. Contains two heights requested by BCe. Exclusion from height limits includes
as not being counted the building infrastructures, overall area is changed to be one-third.
3.70.1, STP requirements and added language require that all site development plans
include this information.
Mr .Schiffer made a motion to recommend approval to the Board of County
Commissioners as being in compliance with the Growth Management Plan with this
being the first and only meeting on the issue, motion was seconded by Mr. Murray,
motion carried 8-0.
10. NEW BUSINESS
None
11. PUBLIC COMMENT
None
23
December 4, 2003
12. DISCUSSION OF ADDENDA
None
There being no further business for the good of the County, the meeting was
adjourned by order of the Chair at 4:07 PM .
COLLIER COUNTY PLANNING COMMISSION
Chairman Russell A. Budd
24
16111
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RECEIVED
2 3 2004
MEMORANDUM Boar. 01 County C1mo'orl
l
DATE: January 22, 2004
TO: Board of County Commissioners
FROM: Pat Lehnhard, Administrative Assistant, OMB
SUBJECT: Productivity Committee Meeting Minutes
Enclosed for your information and files are the Productivity Committee's Regular Meeting
minutes of December 17, 2003.
Please do not hesitate to contact me, or Winona Stone, should you have any questions.
C: Jim Mudd, County Manager
Leo Ochs, Deputy County Manager
Pat Blaney, Director, Internal Audit, Clerk of Courts
Mike Smykowski, Budget Director
Jeremy Giles, EDC
.-::dLdcY-t
--
JJ.<<L')I A. L-
Collier County
Office of Management and Budget
3301 Tamiami Trail, East
Naples, FL 34112
Voice: (239) 774-8973
Fax: (239) 774-8828
It\
..
."1
COLLIER COUNTY GOVERNMENT
PRODUCTIVITY COMMITTEE
....
i~
Minutes - December 17, 2003; 2:00 p.m.
Members Present: Jim Homer, Al Kozel, Janet Vasey, Dex Groose, Stanley Farnham, Sydney Blum,
Celia Fellows
Members Absent (Excused): Jim Gibson. and Joe Swaja
BCC Liaison: Commissioner Donna Fiala
Staff Present: Mike Smykowski, Director Office of Management & Budget; Norman Feder,
Transportation Division Administrator; Don Scott, Director Transportation Planning; Greg Strakaluse,
Director TE&CM; Denny Baker, Director Financial Administration & Housing; Paula Fleishman,
Impact Fee Analyst; Winona Stone, Assistant to the County Manager; and Pat Lehnhard, Administrative
Assistant OMB.
I. Introduction: A quorum being present, Jim Horner, acting Chair, called the meeting to order at 2:00
p.m.
The Chair advised a letter of resignation had been received from Jim Ray. He has been given additional
duties at the bank, and time does not permit him to remain on the Committee. Jim's resignation was
accepted.
The October 15,2003, minutes, as presented, were unanimously approved.
Dex Groose reviewed the minutes from the October 29, 2003, Golden Gate/Airport Road Flyover
Subcommittee Meeting. Minutes were unanimously accepted.
The Chair advised a letter had been received from Joe Swaja asking for a leave of absence through
January. Joe has had surgery and will not be able to attend until February. His excused absence was
accepted.
II. Old Business:
A. Discussion on New Senior Budget/Management Analyst Position - Mike Smykowski, Office of
Management & Budget Director, reviewed a draft job description for a new position created to
perform efficiency reviews within the County Manager's Agency. Members of the Productivity
Committee stated description was too broad and needed to be more results oriented; needed to be
a senior position so that it would be in a higher pay range; and person should report directly to
the County Manager. Mike said he would continue working on this, and that it still needed to go
through Human Resources review.
B. Update on Golden Gate/Airport Road Flyover - Norman Feder, Transportation Division
Administrator, Don Scott, Transportation Planning Director, and Greg Strakaluse, TE&CM
Director, reviewed alternatives for the Golden Gate/Airport Road Flyover, and their measures of
effectiveness. The alternate could be done now, but eventually, the flyover will need to be built
to alleviate the traffic situation.
Page 10f2
1611
,...../
Norman also explained how the property at Golden Gate Parkway and Goodlette Road will be
used if purchased.
C. Impact Fee Studies and Updates - Denny Baker, Financial Administration & Housing Director,
and Mr. Tindale (by phone) reviewed the 151 draft of the Government Buildings Impact Fee
Study with members. A copy of the presentation is made a part of these minutes. After review
of the draft sent to members prior to the meeting, Janet Vasey prepared a list of questions for Mr.
Tinda1e, a copy of which is made a part of these minutes. The Productivity Committee's
suggestions will be reviewed and an updated draft will be presented at the January 21
Productivity Committee Meeting.
Denny distributed the 151 Draft of the Library Impact Fee Study. This will also be discussed at
the January 21 meeting.
The Emergency Medical Services Impact Fee Study will be presented at the February meeting.
III. New Business:
A. Appoint Sub-Committee to Review Proposed Water and Wastewater Master Plan - ~The
Committee asked Winona to check and see if there were any significant changes from the
last time it was reviewed by the sub-committee. If so, they would like a summary ofthe
changes.
~The Committee would also like Winona to check with John Yonkosky to see ifhe has the
answers to their questions raised at the October meeting.
B. Review Applications for Membership - Applications were received from Janet Vasey, Dexter
Groose, Joseph Swaja, and Helen C. Philbin to fill the vacant positions. It was unanimously
agreed that all four applicants were highly qualified, and recommended they fill the positions.
Due to Jim Ray's resignation and terms expiring in February, three new vacancies will be
advertised.
IV. Comments/Su22estions - There was additional discussion regarding the analyst position.
Members having additional suggestions will submit them to Winona, and she will pass them on to Mike.
Next Meetin2: The next meeting ofthe Productivity Committee is scheduled for Wednesday, January
21,2004,2:00 p.m. in the County Manager's front conference room, 2nd floor of the W. Harmon Turner
Building (Building F, Administration Building).
Meeting adjourned at 5:30 p.m.
Page 20[2
(~~~~ng._: o;~~~,~I~ , 1
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\",,(lI'"'tia -- ... .___ JAN 1 4 2004
TRANSCRIPT OF THE MEETING OF THEBeGE,t~tty Commissioners
COUNTY COASTAL ADVISORY COMMITTEE
Naples, Florida, October 9, 2003
LET IT BE REMEMBERED, that the Coastal Advisory Committee
in and for the County of Collier, having conducted business herein, met on
this date at 1 :30 PM in REGULAR SESSION in Building "F of the
Government Complex, East Naples, Florida, with the following members
present:
CHAIRMAN:
Gary Galleberg
Ron Pennington
James Snediker
David Roellig (Absent)
John S trapponi
John Arceri
Bedford Biles
Anthony Pires (Excused)
William Kroeschell
ALSO PRESENT: Ron Hovell, Coastal Projects Manager
Dr. Jon Staiger, City of Naples
Jack Wert, Tourism Dire.ct.o~";r"'"
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Page 1
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October 9,2003
Chairman Gary Galleberg called the meeting to order at 1 :35 PM.
1611
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1. Roll Call- Roll call was taken and a quorum was established. Mr. Roellig and
Mr. Pires were not in attendance.
2. Additions to the Agenda:
- Engineering Services Work Order Amendment for Hideaway Beach Design
- Wiggins Pass & Barefoot Preserve
Mr. Pennington moved to approve the Agenda as amended. Second Mr.
Strapponi. Carried unanimously 7-0.
3. New Business:
a. Approval of Minutes of September 11,2003 - Mr. Pennington moved
to approve the minutes of September 11, 2003. Second by Mr.
Kroeschell. Carried unanimously 7-0.
b. Work Order for Hauling, Placing & Grading Upland Sand on Royal
Marco Point at Hideaway Beach - a total of approx. $575,000.
Mr. Pennington moved to approve the expenditure ofthe Work
Order of approx. $575,000. Second by Mr. Snediker. Carried
unanimously 7-0.
c. Engineering Services Work Order Amendment for Hideaway Beach
Design - exceeded initial contract for time & material by $1,262.50.
Mr. Pennington mentioned to have a "time certain" in the future for
engineering firms that give presentations at the CAC meetings.
Mr. Pennington moved to approve the expenditure of the Work Order
for $1,262.50. Second by Mr. Snediker. Carried unanimously 7-0.
d. Wiggins Pass & Barefoot Preserve - aerial shown ofthe area with the
erosion of 2002 & 2003. Mr. Hovell suggested approving a Work Order
proposal from Humiston & Moore to pursue a permit application for
dredging and straightening out the channel. It was the consensus of the
Committee for Mr. Hovell to get proposals and estimated costs from
Humiston & Moore Engineering.
d. Presentation on Naples Sand Bar System - Dave Tackney-
Tackney & Associates, Inc., - Mr. Tackney was part of the team that was
analyzing the performance of the Parker Sand Web installation.
- He is suggesting a mechanism which could interrupt the current flow
that creates the bar and holds it, in which it could end up on the beach.
- He wanted to know if the Committee would like to pursue it at which
time they could try for State funding for the experimental part and TDC
Funds for other costs involved.
- Mr. Tackney gave the presentation on his own behalf as a professional
engmeer.
Page 2
October 9, 2001 6 I 1
- A letter to Dr. Jon Staiger is enclosed explaining his findings after
evaluating the performance of the Sand Web installation on Naples Beach.
Some of the facts he presented were:
- North of Naples Pier
- 2 bar systems (small inshore -large offshore)
- Storms - Recovery Process
- Drawings were shown for explanations of extreme storm events
and Longshore.
- Volume flow rate explained
- Presence of the bar is significant
- To dam the trough, he would recommend the tubes to close off the
channel portion of the bar, interrupting the Longshore current. The
tubes are large and heavy and would stay in place. The nickelon tubes
were discussed further with the alignment, size, sand recovery and costs.
- A lengthy discussion pursued with many questions and answers of Mr.
Tackney.
- Mr. Galleberg stated they should look into the process further and
wondered what the next step should be. Being a test program it would
qualify under the States experimental erosion control program. Many of
the costs could be reimbursable under the program.
- Dr. Staiger would like to get on the list for the 2005 Budget. He would
be prepared to do the application and pursue it.
Mr. Pennington moved to request Dr. Staiger, through the city
process, to submit a letter of interest for the permitting and talk with
Coastal Planning & Engineering for current data. Second by Mr.
Snediker. Carried unanimously 7-0.
e. TDC Category "A" Project & Budget Status Update - Ron Hovell
He presented a spreadsheet (enclosed.) He covered the new fiscal year
projects, cost controls for engineering firms, schedule of fees, major
renourishment and grant applications.
4. Old Business
a. Tourist Development Tax Funding Policy for Category "A" Projects.
The funding policy will be presented to the Board of County
Commissioners at Tuesday's meeting. Mr. Galleberg will be present as
Chairman of the Coastal Advisory Committee.
Mr. Pennington, Mr. Arceri and Mr. Snediker will also be present.
- Mr. Hovell informed the Committee that they are on an accrual basis
and not cash and explained some ofthe figures for Category "A" Funds.
Page 3
October 9, 20qt. t) I 1 f;
- Mr. Hovell wanted to know ifhe should be prepared to come back to
the Committee on changing the CAC recommendations or leave it the
way they are.
- Mr. Arceri recommended that the finalization ofthe budget should be
put on the next agenda as a priority item, after the Board of County
Commissioners agree on a policy so they know what it will mean for
2004. If the policy is approved, he felt Hideaway funding would be
premised on doing a number of things.
- Mr. Hovell asked if there were any questions about the policy going to
the Board.
- Mr. Pennington stated Pelican Bay is in the same category as the
others, with no street access. Discussion followed on Phase II, putting
sand on Gordon Pass and the proposed policy and the application made to
DEP with possible modifications. The Ritz is eligible under the policy
with anything beyond the 12 mile not being eligible for funding.
- Mr. Galleberg stated there is a very ardent campaign by staffto make
sure the policy says nothing, does nothing and accomplishes nothing.
Staff wants to make policy instead of implementing it. The policy stands
on it own, is clear, logical, and prudent and puts resources in the right
place and protects against a raid on beach renourishment funds for
increased public access. He is not going to participate or be hemmed into
a confusing hoo-ha, when it is not there. He also said Pelican Bay is not
eligible, except for the half mile they discussed earlier.
- Mr. Arceri met with Jim Mudd and doesn't feel they are going to see
outward support for the policy from staff, but not sure another new policy
will be put in place. He gave a summary ofthe past months where the
policy has gone with or without agreement. Hideaway is not eligible for
anything unless they build a pathway from a public street in which parking
can also be made. Staff is driven by an agenda of access.
- Mr. Galleberg mentioned the primary issue is TDC Category "A" Beach
Renourishment funding, whether it will be used for beach renourishment
or access, so the eastern part of the County can have increased access
without an increase in taxes.
- Mr. Snediker wondered if it would be appropriate for CAC to make a
motion that Hideaway beach is a vital area subject to abnormal erosion.
- Mr. Galleberg felt it would premature and to let the policy stand on it's
own to be presented, as is, to the Board.
Page 4
October 9,2003 .>
i.
l:
- The two renourishment projects have been submitted to the State and
met all deadlines except for the Resolution. The Executive Summary
states they will keep the permit in compliance.
- Mr. Arceri stated they should identify the beaches that are eligible, not
eligible, those of high use and low use that fit the criteria.
- A very lengthy discussion ensued about permitting, access, critical
erosion areas, eligibility and the policy decision being made by the Board
of County Commissioners at Tuesday's meeting.
Mr. Strapponi moved to table any future discussion and wait for the
results and outcome of the Board's decision of the policy. Second by
Mr. Pennington. Carried unanimously 7-0.
b. Marco Island Major Grading Revised Work Order Proposal- Ron
Hovell- graded last year trying to get rid of standing water, grasses etc.
Discussed going forward with permanent solution rather than annual grading
being limited under the field permit to move no more than a foot of sand.
Presented proposal from Taylor Engineering on 8/12/03. Committee had
asked to extend boundaries to the north and include all of Tigertail Park.
Proposal was revised - given to Committee on 9/11/03 with questions of
why they are doing it.
- Mr. Snediker talked about the different things that had been done to
resolve the situation of the discolored grasses and a major re-grading is
going to be done from the mean high water line back to shore line. He did
not feel the proposal from Taylor Engineering was adequate for the
problems that need to be addressed and whether it can even be permitted.
-Mr. Hovell stated there is no solution of how to solve it. Most people have
said for it to go natural and let the grass grow and the lagoon do whatever it
is going to do. This is not a typical problem and in other areas they have let
it go natural and let the public get over the initial reaction. Can continue to
do the annual grading.
Mr. Galleberg moved to table. Second by Mr. Snediker. Carried
unanimously 7-0.
c. Review of Recommendations made on September 11, 2003.
Reviewed many ofthe recommendations with the Committee.
5. Audience Participation - none.
Page 5
6. Committee Members Comments:
- Mr. Bile's mentioned he toured the beaches and encouraged the Committee
members to do the same if they haven't. It was very informative and he learned a
lot.
- Mr. Strapponi had done the same.
October 9, 2003
1611
7. Schedule next meeting - November 13, 2003 -- 1 :30 PM (normal schedule)
- October 21,2003 - 1 :30 PM (tentative)
There being no further business for the good of the County, the meeting was
adjourned by order of the Chair at 4:30 PM.
Collier County Coastal Advisory Committee
Chairman Gary Galleberg
Page 6
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TRANSCRIPT OF THE MEETING OF THE JAN 1 4 2004
COLLIER COUNTY COASTAL ADVISORY COM-M1I;;p~~nu Commissioners
Naples, Florida, November 13,2003
LET IT BE REMEMBERED, that the Coastal Advisory Committee
in and for the County of Collier, having conducted business herein, met on
this date at 1:30 PM in REGULAR SESSION in Building "F of the
Government Complex, East Naples, Florida, with the following members
present:
CHAIRMAN:
Gary Galleberg
James Snediker
David Roellig
Bedford Biles
William Kroeschell
John Strapponi (Excused)
Tony Pires (Excused)
ALSO PRESENT: Ron Hovell, Coastal Project Manager
Dr. Jon Staiger, City of Naples
Marla Ramsey, Parks & Rec.
Maura Krause, Environmental Services
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Page 1
November 13, 2003
Chairman Gary Galleberg called the meeting to order at 1 :35 PM.
1611
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1. Roll Call- Roll call was taken with 5 members present, Mr. Strapponi & Mr.
Pires excused. Two members resigned since the last meeting - John Arceri from
Marco Island and Ron Pennington from the City of Naples.
Chairman Galleberg stated the CAC and TDC approved the beach policy with
the policy failing before the Board of County Commissioners (3-2) with direction
to throw out the policy and use the funds for Category "A" for Beach Access
rather than Beach Renourishrnent. Each CAC member had a copy of the
Executive Summary. He stated it is replete with misstatements and inaccuracies.
He stated staff signed off on the Executive Summary two days before the CAC
meeting on October 9,2003 and had not been shared with CAC.
2. Additions to Agenda - Ron Hovell- will add "Hideaway Beach Trucking
Project" under New Business.
3. New Business:
A. Approval of Minutes - October 9, 2003 - Mr. Kroeschell mentioned part of
Mr. Tackney's report speaking of "c1osing off the channel portion of the bar"
should be eliminated.
Mr. Roellig moved to approve the October 9, 2003 minutes showing he
was excused at the October meeting and as amended.
Second by Mr. Biles. Carried unanimously 5-0.
4. Old Business:
A. Wiggins Pass Permit Modification - Mr. Hovell- need consensus of
what they can do to modify the permit, so next time they dredge, they can
take care of the erosion.
- Mr. Ken Humiston - Humiston & Moore Engineers - gave the following
report and information. Some of the elements in the conceptual plan have a
number of options to be considered. A power point presentation was shown
of the areas in question.
. Dredging - reduce the erosional pressure on the north side of the inlet
on the inside. Discussed straight channel alignment, dredging the
flood shoal and reducing dredging costs.
. Erosion control on Barefoot Beach - southern tip is eroding from both
sides.
. There is an inlet management plan for Wiggins Pass and some
provisions have been implemented already.
. He discussed the Inlet Closure Curve - used to evaluate the stability of
inlets and to design inlet dredging proj ects so they can function to the
best advantage while reducing long term costs.
. A report on a Conceptual Plan, Reapplication meetings, Preliminary
Design and Permitting is attached.
Page 2
November 13,2003
. Talked about viable solutions within the Growth Management pm:!- in6 I 1
restricting structures - Policy 10.3.11, 10.4.2 and 10.5.4 - need
evaluation on any restrictions.
. Habitat protection condition of Barefoot Beach - threatened by erosion
Maura Krause found 9 gopher tortoise burrows, with 7 being active.
May qualify for State funding.
Summary - Dredging would improve inlet stability, reduce erosion on
north side and provide additional sand for nourishment.
Barefoot Beach erosion control would add to the inlet stability and protect
habitat.
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_ Mr. Biles commented it may be premature to do anything until the BCC has
their policy in place.
_ A question of costs was asked. Mr. Humiston responded he has not put a
cost proposal together yet.
STAFF
Marla Ramsey - Parks & Recreation - showed photos of erosion on
Barefoot Beach of a pathway taken in July/03, October/03 and Nov/03.
Shows the erosion and how the pathway has almost disappeared. Entire
vegetation area is gone. The part shown is State land and managed by the
County Parks & Rec as part of the Barefoot Beach Preserve area.
They are asking Mr. Humiston how they can stop the destruction from
happening.
Mr. Snediker moved to do a further study with cost factors based on the
Humiston & Moore October 31st report on Wiggins Pass Permit
Modification Scope of Work. Second by Mr. Roellig.
Carried unanimously 5-0.
3. New Business
B. Consultant Support - Ron Hovell- he covered the process of firms
bidding on various projects. From time to time consultants will attend
meetings and make presentations etc. They bill on a "Time & Materials"
basis which is an average ofapprox. $150/an hr. Being aware of the costs
involved, the committee should request when and if they want a consultant
to attend a meeting. If not requested, they will not attend unless it is a
specific presentation that needs to be made.
Discussion followed on "time certain" for any presentationls and having direction
from the Clerk of Courts and County Staff. The Committee did not agree as it is
hard for them to make a decision when they do not know what is going to be
on the Agenda. They need resource information from time to time. Staffwill
Page 3
November 13, 2003
continue to discuss the situation and come back with a decision on how to handle
the situation.
1611
C. County/City of Naples Beach Renourishment Update
1. Federal Borrow Area Lease Requirements -letter in packet
- Requires lease with Federal Government for sand to restore
Vanderbilt, Park Shore and Naples public beaches.
- Proposal for $50,000
- Could be 6 months to complete.
- Recommends proceeding to comply with Minerals Mgt Service
and conduct an environmental assessment.
Mr. Roellig moved to approve for an environmental assessment. Second
by Mr. Kroeschell. Carried unanimously 5-0.
2. Responding to Permit Application Requests for Information
- Permit applications are submitted and fee for scope of work
will be on an hourly basis not to exceed $100,000.
Mr. Kroeschell move to approve the Work Order for engineer services
proposal for the Scope of Services. Second by Mr. Biles. Carried
unanimously 5-0.
3. Project Scope & Funding - Ron Hovell
- Committee needs to think about determining what they want to do for the
scope and strategy of funding.
- Pelican Bay may want to fund a portion.
- Need to know whether FEMA will finish monies from tropical storm
Gabrielle.
- Have $17M cost estimate from engineer.
- May start with segments of beaches renourished in the past, look at other
areas and prioritize them.
- DEP is doing the scoring and indicated they are closer to the bottom ofthe
funded list or just below.
- Chairman Galleberg mentioned this is $8.5M showing up from the Federal
and State. This is what the debate is all about with staff promoting it in June,
without the Committees knowledge, and promoted again in October. If State
and Federal Funding is obtained that would be great, but puts beach
renourishment behind acquiring access and he would not support it.
- Mr. Roellig stated it would be hard to rely on the numbers until there is an
actual County policy. If looking for cost sharing, it would have significant
impact on the project. The project can't wait 2 or 3 years.
Page 4
November 13,20016 11
- Mr. Hovell is asking from an engineering point of view on prioritizing the
decisions on funding.
- Mr. Snediker didn't think they were ready to make a decision until a policy
is determined.
4. Schedule - Ron Hovell
- Provided a preliminary schedule of putting sand on the beach.
- Showed the duration of days with start and finish dates.
- Will be reviewed on a monthly basis.
SPEAKER
Graham Ginsberg - 4950 Sycamore Dr. - spoke on the Erosion Control
Line having significant implications on a property owners taxes. Gave
example of owning a lot on the beach, renourished the property after
establishing an ECL line. The property owner then gets a percentage offhis
taxes. He felt the tax payers are paying for the property owner's property to
be maintained for building.
He also discussed the properties being funded with no public access. He used
Hideaway Beach as an example. He found the depths between the high water
mark and an island north of Hideaway is up to 20 feet. Very erosive - if sand
is placed, it will wash away.
Funding for control structures for erosion - t-groins - may not work well with
horizontal currents, such as root currents. Funding should go into Sand Dollar
Island - accessible through Tigertail Beach. Tigertail can not be considered
beach access - the inlet sealed off. He felt sand on Hideaway will eventually
end up on Sand Dollar Island and close off the inlet.
Chairman Galleberg responded he knew of no one getting tax breaks or
private lots filled with sand.
Need to understand the funds are not being used for "private" beaches,
nor considered.
Mr. Ginsberg gave an example of a property owner's property value on Hideaway
paying taxes on a lesser value (70% reduction) because of the Erosion Control
Line.
Discussion followed on property appraiser's values and not being related to beach
renourishment.
Mr. Snediker mentioned the depths quoted were incorrect from all the
engineering studies done sand Dollar Island is growing by 2 acres/yr which is not
eroding.
Page 5
November 13,2003
5. Hideaway Beach Trucking Project - Ron Hovell
- Was only approved for Royal Marco Point but was told they
need to add 2,000 cubic yards of sand on the South end of
Hideaway. Some homes had to use sand bags to save their homes
from damage. Area was displayed on map.
16\1~
- He noted the scope of the grant application, the notice to proceed
under the permit and the trucking contract was for Royal Marco
Point only. Paperwork needs to be done along with going to the
BCe.
Chairman Galleberg stated ifit is part of the $600,000 project, in
the budget, and grandfathered in, it should be approved. If it is an
addition, then not added.
- Mr. Snediker moved if it can be done within the existing
budget that has already been allocated, the project should be
done. Second by Mr. Biles.
- Mr. Hovell stated he could not guarantee that he will not come
back again and ask for more money. Mr. Snediker responded to do
Royal Marco Way and if sand left over, and then do the South
point with not going over budget.
Carried unanimously 5-0.
4. Old Business
b. Review of Recommendations made on October 9, 2003
- Work Orders in place - 12/1103 start work.
- Engineering Services Work Order Amendment for Hideaway design -
on agenda for 11/18.
- Naples Sand bar system presentation - City may look at it.
- Policy went to the BCC - Mr. Hovell clarified the "chain of command"
as far as staff - goes through County Manager - Executive Summaries is
not public until the Co. Manager approves them for publication, printing
and distribution. That was not done at CAC meeting time in October.
- Marco Island grading - back to city for impact. Found out some of the
grasses the residents were concerned about are red tip mangroves on the
edge of Tigert ail Lagoon. The grasses were discussed at length. Ifproject
is within the city limits, needs to be sponsored projects - establish
"need" . . ...
5. Audience Participation - None
6. Committee Member Comments
Page 6
November 13, 2003
_ Mr. Roellig mentioned a Blue Ribbon Committee is being formed and will 1 6 , 1
meet next Tuesday. He will attend along with Mr. Snediker and Chairman
Galleberg.
7. Schedule next meeting - December 11, 2003 -1:30 PM.
There being no further business for the good of the County, the meeting was
adjourned by order of the Chair at 3:57 PM.
Collier County Coastal Advisory Committee
Chairman Gary Galleberg
Page 7
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TRANSCRIPT Ur l~~E MEETING OF THE COLLIEflECEIVEu ~
COUNTY COASTAL ADVISORY COMMITTEE IAN 1 4 2004
Naples, Florida, December 11, 2003
Board of County CommiSSioners
LET IT BE REMEMBERED, that the Collier County Coastal Advisory
Committee in and for the County of Collier, having conducted business
herein, met on this date at 1 :30 PM in REGULAR SESSION in Building "F
of the Government Complex, East Naples, Florida, with the following
members present:
VICE CHAIRMAN: David Roellig
James Snediker
Bedford Biles
William Kroeschell
Tony Pires
Gary Galleberg (Excused)
John Strapponi (Absent)
ALSO PRESENT: Ron Hovell, Coastal Projects Manager
Dr. Jon Staiger, City of Naples
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December 11, 20031 6 I
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1
Meeting was called to order by Vice Chairman David Roellig at 1 :35 PM.
1. Roll Call- Roll call was taken with 5 members present.
2. Additions to the Agenda - Under Old Business - Add 4.d - Proposed/Pending
Policy
- Delete 3. c - from the Agenda
- Committee Member Comments add - Filling Member
Vacancies
Mr. Pires moved to approve the Agenda as amended. Second by Mr. Snediker.
Carried unanimously 5-0.
3. New Business:
A. Approval of Minutes - November 13, 2003 - Mr. Kroeschell moved to
approve the minutes of November 13, 2003. Second by Mr. Snediker.
Page 3, 3.B - Mr. Snediker stated it should read a "maximum" rate of
$150.00 instead of an average approx. rate of $150.00. After much
discussion it was decided it is a "maximum" of approx. $150.00/an hr.
The motion and second was ameuded with the above change. Motion
carried unanimously 5-0.
B. Beach Cleaning Progress Update - Ron Hovell
- Lightener Contracting was called in for cleaning up the sea weed.
- They are still finishing up Marco Island.
- They have finished cleaning Naples, Parkshore, Vanderbilt and Marco
for approx. $15-20,000.
Dr. Staiger mentioned the City of Naples has been cleaning up red algae
every week which is a natural occurring event but has an odor to it. It is
depleting their community services budget rapidly.
C. Delnor- Wiggins State Park Grading Grant Application - deleted.
D. Hideaway Beach Renourishment: Request for Additional
Information by the Florida Dept. of Environmental Protection - Ron
Hovell- letter dated December 2, 2003 is enclosed and attached from
DEP. The letter acknowledged receipt oftheir permit application. Mr.
Hovell knew they would need additional information on the different
items. Most of them take more time to submit. There are no additional
costs for submission of required items for the first time. Many ofthe
items are being done and they are waiting for reports.
2
December 11, 200\ b \ 1
4. Old Business:
A. County/City of Naples Beach Renourishment Update
1. Engineering Services $425,000 Budget Amendment
- Executive Summary is enclosed is packet and scheduled for the
BCC meeting on December 16, 2003.
- Tourist Development Council had recommended it at their last
meeting.
- Mr. Hovell explained the additional costs and need.
Mr. Pires mentioned it is an increased cost and wondered if there was a
"not to exceed" number in the original contract.
Mr. Hoven responded a budget estimate was provided and the County has
a fixed term contract. As work is desired, they request proposals,
negotiate a price and issue a Work Order.
In May they knew the hard bottom investigation would have to be done
and would then need a Budget adjustment. The scope ofthe work order is
broader than the scope of the $1.2M budget estimate was based on. They
have not gone out for proposals as they have a fixed term contract.
Engineers are selected by qualifications and not price - price is then
negotiated.
Mr. Pires asked if they had an opinion from the County Attorneys office
in modifying the scope of services and changing the cost and whether it is
in full compliance with the CCNA.
Mr. Hoven responded that work orders up to $95,000 can be executed by
staff and anything over that has to go before the Board. He stated
everything has gone to the BCC.
Mr. Snediker moved to recommend approval of the Executive
Summary for the Budget Amendment of $425,000 to the BCe.
Second by Mr. Biles.
Mr. Pires stated he did not think he would participate in the vote since he
represents the Clerk of Courts in offering guidance on Contractual matters.
Mr. Hoven responded this is amending the Budget and not a Contractual
issue. Discussion followed on the policy and purchasing guidelines
Motion carried 4 in favor with 1 abstention. (Tony Pires abstained)
2. Request for Additional Information by the Florida Dept. of
Environmental Protection - Ron Hoven
- This item is similar to Item 3.d - Permit application for
renourishment for Vanderbilt, Park Shore and Naples Beaches.
3
December 11, 2003
3. Project Scope and Funding - Ron Hovell
- Project cost estimates were shown for beach renourishment for the
various areas in the amount of $17M. (Attached)
- Committee needs to think about prioritizing the beach segments or
identifying the Corp areas.
- FEMA will not discuss funds until the permit application is approved.
1b \
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A lengthy discussion was held concerning various issues on the different
beaches, funding and cost sharing. Need to focus on prioritizing for the
future.
4. Schedule - November 2004
B. Wiggins Pass Permit Modification Work Order Proposal- Ron Hovell
- Letter from Humiston & Moore Engineers (Attached)
- Showed costs for Conceptual Plan, Pre-Application Meetings,
Preliminary Design, Permitting and additional services. ($129,708)
- Mr. Humiston stated if dredging was done at the same time as the
regular maintenance dredging, there wouldn't be any additional
mobilization charges. The quantity of sand to be dredged would be
approx. 20-30,000 cubic yards - $5/yd could mean $150,000 additional.
SPEAKERS
Mr. Bill Rin!! - Pelican Isle -Past President of Estuary Conservation Assn. -
ECA monitors Wiggins Pass, take measurements and then communicates to Ron
Hovell about the conditions and initiates dredging the pass. He is speaking on behalf
of the ECA.
. Goal to maintain & improve estuary system.
. Safe & responsible enjoyment ofthe waters.
. Health of system depends upon good flushing action of fresh and salt waters
. Showed different sections of a map of the area in Barefoot and Demor
Wiggins and talked about causes and solutions to erosion.
. Concerned about not doing a full scale dredging.
. Concerned the pass will close up
. Change the dredging parameters - not in favor.
. To do nothing would be unacceptable
. ECA would endorse T -Groins
. Suggested other areas to be included in the dredging.
4
December 11, 2003
Discussion followed on State fuuding. Critical erosion areas receiviug cost sharing from 1 b \ 1
the State Government have to meet two main criteria to participate; area be designated as _
a critical erosion area and be publicly accessible according to the States definition.
Mr. Ring suggested changing the disposal sites of sand to improve beaches along
Barefoot Preserve. Delnor Wiggins would prefer to have the beaches as natural as
possible. Cannot wait a year for funding.
T -Groins and funding alternatives were discussed. The Policy was discussed and is
scheduled for possible adoption by the BCC. It was felt an MSTU or MSBU might be
beneficial.
Ron Hovell stated the policy doesn't specifically address dredging. He didn't think staff
wanted to volunteer to make Wiggins Pass Dredging an emergency. If the Board feels it
is an emergency and wants to use TDC funds, they will do it.
Doue: Fee - President of North Bay Civic Organization - Member of ECA - not
representing any of the groups-
. Read history of Inlet Management Plan
. Showed study costs of dredging in 1984 through 1993
. Cost approx. $200,000 per dredge
. Read letters from Mr. Huber from mid-90's and showed diagrams of Pass
. Showed Budget for 10 year plan & costs for dredging the Pass
. Need Public meetings and input in process
John Findlav"':' Certified Marina Manager - Pelican Isle Yacht Club
. Worked on similar projects in Lee County for 20 years and with WCIND.
. They are in favor of working with Collier County in matching funds and grants.
. They are very concerned about the pass shutting down affecting everything up to
Fort Meyers Beach.
. Coastal flooding would affect many property owners if it closes.
. Discussed shoaling
. T -Groins would be a solution
Dr. Staiger discussed the Inlet Management Plan. Inlets that were being managed
were the single cause of beach erosion in the State. State decided they would not get
into permitting long term dredging of inlets unless there was an Inlet Management
Plan for each that addressed balancing the sand. May want to revisit plan and look at
hydraulics of inlet and Mr. Humiston is trying to do that. He state they need to look
at the present hydraulics and not what was back in the mid-90's.
Mr. Snediker moved to approve Items 1 (Conceptual Plan) and #2 (Pre-
Application Meetings). Second by Mr. Kroeschell. Carried unanimously 5-0.
Mr. Pires reminded residents to go the Board of County Commissioners meeting.
5
December 11,2003 1
Mr. Hovell stated this is viewed as a navigational boating issue, not as a beach 1. b \
maintenance issue. The Policy, whether it passes or not, will not help clarify the issue -
of dredging. Staff has no guidance now and residents will have to take Board action.
Mr. Roellig moved to request Mr. Hovell brief his Senior County Staff on the
problem with the dredging and get direction on how to proceed from here
forward. Second by Mr. Biles. Carried unanimously 5-0.
C. Review of Recommendations made on November 13, 2003 - Ron
Hovell
- Gave an update of items heard by the TDC on 11/12/03 and the
upcoming items to be heard by the BCC on 12/16.
- Introduced Shane Cox with Mr. Hovel's staff, who will work on solid
waste projects and beach related projects.
- Talked about the grant and acquisition applications for the various
beaches and updating the 10 year plan depending upon the policy.
- Discussed the need for sponsors and the dredging issues with the
possibility of setting up a taxing district or personal funding.
- Discussed the Budget funding with the various projects and the need to
prioritize.
Dr. Staiger discussed inlet dredging and going back to the Inlet
Management Plan - now (DEP) - if managing the beaches, need to
manage the inlets. Logical use ofthe beach management money is the
inlet dredging because it is part of managing the beaches. Should be
eligible for TDC funding. He is not sure where the County Attorney
stands on the issue now.
D. Proposed - Pending Policy
. The Committee was concerned about funding the various
projects.
. Mr. Snediker mentioned Marco Island endorsed the policy with
contingencies, such as Hideaway Beach being a vital tourism
area and the access off Spinnaker Drive and the Interlocal
agreement is accepted by the County.
. Discussion followed on erosion control, Barefoot Beach and
beach park facilities.
5. Audience Participation - None.
6. Committee Member Comments - Mr. Pires asked about the vacancies on the
committee due to the resignation of Mr. Pennington and Mr. Arceri and ifthe
Commissioners were advertising and/or appointing someone.
It was noted Mr. Arceri and Mr. Pennington have been asked to return to the
committee. Mr. Arceri indicated he would consider serving depending upon what
happens with the Policy.
6
December 11, 20031 b \ 1
-
7. Schedule next Meeting - January 8,2004
There being no further business for the good of the County, the meeting was
adjourned by order of the Chair at 4:25 PM.
Collier County Coastal Advisory Committee
Vice Chairman David Roellig
7
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~6/1
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Fiala
Halas
Henning
Coyle
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DOUBLE MEETING
RECE\\JEO Public Meeting
JA.N , S zoo~ Tuesday
r- mi ssioners January 20, 2004
{ "ount ~ 'Jom 6 00 P M 8 00 P M
tioafd 0 'v . :. . -: ..
Immokalee Community Park
321 North First Street
Immokalee, Florida 34143
All public speakers will be limited to five (5) minutes unless the Chairman
grants permission for additional time.
1. General Matters
a. Roll Call
b. Approval of Agenda
c. Staff Announcements
2. Public Meeting - Old Business
a. EAR - Determining A Master Plan Boundary
b. EAR - Determining An Urban Boundary
c. EAR - Mixed Use Activity Centers
d. Facilitating Commercial Development in Immokalee Area
PUDs
e. Facilitating Residential Development in Immokalee and its
Surroundings
3. Public Meeting - New Business
a. Immokalee Area Master Plan Amendment Recommendations
4. Comments From Committee & Staff
5. Additional Public Comments
t,. ~..:~, t.'~',,; ,;:
6. Adjournment
.'.;: ;;; 1 )tl a-{ ._
,f] 14 ~) H\-i
,~~ T;.':!:
Regular Meeting
Wednesday
January 21, 2004
8:30 A.M. - 10:30 A.M.
750 South 5th Street
Immokalee, Florida 34143
16\1
· '1
1. General Matters
a. Roll Call
b. Approval of Agenda
d. Staff Announcements
e. Minutes of January 7, 2004
f. Presentation - Amy Taylor, Collier County School District
2. Old Business
a. EAR - Determining A Master Plan Boundary
b. EAR - Determining An Urban Boundary
c. EAR - Mixed Use Activity Centers
d. Facilitating Commercial Development in Immokalee Area
PUDs
e. Facilitating Residential Development in Immokalee and its
Surroundings
3. New Business
a. Immokalee Area Master Plan Amendment Recommendations
4. Comments From Committee & Staff
5. Public Comments
6. Scheduled Next Meeting
- Regular Meeting - February 4, 2004
7. Adjournment
All meetings will be publicly noticed in the W. Harmon Turner Building (Building F), on
the Immokalee Area Master Plan Restudy website, posted at the Immokalee Public
Library and provided to the County Public Information Department for distribution.
Please call Glenn E. Heath, AICP, Principal Planner, at (239) 403-2323 for additional
information. In accordance with the Americans with Disabilities Act, persons needing
assistance to participate in any of these proceedings should contact Glenn E. Heath,
AICP, Principal Planner at least 48 hours before the meeting.
1611
The public should be advised that members of the Immokalee Area Master Plan Ad
Hoc Committee are also members of the following Boards and Committees:
EZDAlCommunity Redevelopment Advisory Board (H.B. 'Benny' Starling, Floyd Crews,
Fred Thomas, and Raymond Holland); Immokalee Fire Commission (Floyd Crews,
Edward Olesky); Immokalee Water & Sewer District (Esmeralda Serrata, H.B. 'Benny'
Starling). In this regard, matters coming before the Immokalee Area Master Plan Ad
Hoc Committee may come before one or more of the referenced Boards or Committees
from time to time.
161
STAFF ANNOUNCEMENTS
January 20, 21, 2004
Agenda Item # I.c.
UPCOMING PRESENTATIONS
Amy Taylor, of the Collier County Public Schools, will provide a presentation on proposed
school sites within the Immokalee Area on January 21, 2004.
SUNSHINE LAW ISSUES
As previously noted, the Collier County Attorney's Office held a public Sunshine Law Workshop
on January 14,2004,9:00 A.M. - 10:30 A.M.
Staff is working with the County Attorney's Office to secure a Sunshine Law Workshop for the
Committee, most likely in February. If secured, the workshop will comprise a single meeting of
the Committee.
BOUNDARY DETERMINATIONS
Two of the items in this agenda deal with recommending revised boundaries. Relative to these
determinations, staff will provide: 1) Adopted Language for the RLSA Overlay and 2) Factors to
consider with regard to Urban Boundaries. There are no agenda items to cover the primary tasks.
However, staff will provide maps and any necessary support materials.
EV ALUA TION & APPRAISAL REPORT
Staff is making steady progress on the Evaluation & Appraisal Report (EAR). On Monday,
January 12, EAR staff discussed the status of the Report with the remainder of the
Comprehensive Planning Department. Completion of a Draft version of the Report is currently
scheduled for February 13,2004.
PENDING STAFF REORGANIZATION
Staff is in the process of reorganizing into two "Teams." One team will work primarily with
tasks and issues related to long-range planning. The other team will focus on matters related to
Redevelopment, Transfer of Development Rights, Rural Lands Stewardship Area, Fiscal Impact
Analysis, Economics and Demographics. However, there will continue to be a great deal of
interaction between the two teams. As part of the reorganization, the Department will be hiring a
Planning Technician, a Planner, and a Fiscal Impact Analysis Coordinator.
1
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HANDOUT FOR AGENDA ITEMS
2.a and 2.b
Backl!round:
The purpose of this handout is to provide background information for the RLSA
presentation, the Master Plan Boundary Determination and the Urban Boundary
Determination. At its meeting of November 19, 2003, and again on December 17,2003,
the Immokalee Area Master Plan Ad Hoc Committee recommended that the Imrnokalee
Area Master Plan (lAMP) Boundary being expanded, but only on condition that the
requirements of the Rural Lands Stewardship Area Overlay (RLSA Overlay) not be
changed. The Committee's recommended strategy is that the lAMP portion of the
RLSA simply includes incentives to direct growth and/or the benefits of growth
toward the Immokalee Community.
The following text is excerpted directly, without change, from pages 80 through 107, of
the Collier County Growth Management Plan's (GMP) Future Land Use Element
(FLUE), as amended by Ordinance #2003-7, dated February 11,2003, and from page 5.1
of the Imrnokalee Area Master Plan (lAMP), as amended by Ordinance #2002-54, dated
October 22, 2002.
D. Rural Lands Stewardship Area Overlay
Goal:
Collier County seeks to address the long-term needs of residents and property
owners within the Immokalee Area Study boundary of the Collier County Rural
and Agricultural Area Assessment. Collier County's goal is to protect agricultural
activities, to prevent the premature conversion of agricultural land to non-
agricultural uses, to direct incompatible uses away from wetlands and upland
habitat, to enable the conversion of rural land to other uses in appropriate locations,
to discourage urban sprawl, and to encourage development that utilizes creative
land use planning techniques.
Objective:
To meet the Goal described above, Collier County's objective is to create an incentive
based land use overlay system, herein referred to as the Collier County Rural Lands
Stewardship Area Overlay, based on the principles of rural land stewardship as defined in
Chapter 163.3177(11), F.S. The Policies that will implement this Goal and Objective are
set forth below in groups relating to each aspect of the Goal. Group 1 policies describe
the structure and organization of the Collier County Rural Lands Stewardship Area
Overlay. Group 2 policies relate to agriculture, Group 3 policies relate to natural resource
1
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16\1 ·
protection, and Group 4 policies relate to conversion of land to other uses and economic
diversification. Group 5 are regulatory policies that ensure that land that is not voluntarily
included in the Overlay by its owners shall nonetheless meet the minimum requirements
of the Final Order pertaining to natural resource protection.
Group 1:
General purpose and structure of the Collier County Rural Lands
Stewardship Area Overlay.
Policy 1.1:
To promote a dynamic balance of land uses in the Collier County Rural Lands
Stewardship Area (RLSA) that collectively contribute to a viable agricultural industry,
protect natural resources, and enhance economic prosperity and diversification, Collier
County hereby establishes the Rural Lands Stewardship Area Overlay (Overlay). The
Overlay was created through a collaborative community based planning process
involving county residents, area property owners, and representatives of community and
governmental organizations under the direction of a citizen oversight committee.
Policy 1.2:
The Overlay protects natural resources and retains viable agriculture by promoting
compact rural mixed-use development as an alternative to low-density single use
development, and provides a system of compensation to private property owners for the
elimination of certain land uses in order to protect natural resources and viable
agriculture in exchange for transferable credits that can be used to entitle such compact
development. The strategies herein are based in part on the principles of Florida's Rural
Lands Stewardship Act, Chapter 163.3177(11) F.S. The Overlay includes innovative and
incentive based tools, techniques and strategies that are not dependent on a regulatory
approach, but will complement existing local, regional, state and federal regulatory
programs.
Policy 1.3:
This Overlay to the Future Land Use Map is depicted on the Stewardship Overlay Map
(Overlay Map) and applies to rural designated lands located within the Immokalee Area
Study boundary of the Collier County Rural and Agricultural Area Assessment referred
to in the State of Florida Administration Commission Final Order No. AC-99-002. The
RLSA generally includes rural lands in northeast Collier County lying north and east of
Golden Gate Estates, north of the Florida Panther National Wildlife Refuge and Big
Cypress National Preserve, south of the Lee County Line, and south and west of the
Hendry County Line, and includes a total of approximately 195,846 acres, of which
approximately 182,334 acres is privately owned. The Overlay Map is an adopted overlay
to the Future Land Use Map (FLUM).
2
16\1
Policy 1.4:
Except as provided in Group 5 Policies, there shall be no change to the underlying
density and intensity of permitted uses of land within the RLSA, as set forth in the
Baseline Standards, as defined in Policy 1.5, unless and until a property owner elects to
utilize the provisions of the Stewardship Credit System. It is the intent of the Overlay that
a property owner will be compensated for the voluntary stewardship and protection of
important agricultural and natural resources. Compensation to the property owner shall
occur through one of the following mechanisms: creation and transfer of Stewardship
Credits, acquisition of conservation easements, acquisition of less than fee interest in the
land, or through other acquisition of land or interest in land through a willing seller
program.
Policy 1.5:
As referred to in these Overlay policies, Baseline Standards are the permitted uses,
density, intensity and other land development regulations assigned to land in the RLSA
by the GMP, Collier County Land Development Regulations and Collier County Zoning
Regulations in effect prior to the adoption of Interim Amendments and Interim
Development Provisions referenced in Final Order AC-99-002. The Baseline Standards
will remain in effect for all land not subject to the transfer or receipt of Stewardship
Credits, except as provided for in Group 5 Policies. No part of the Stewardship Credit
System shall be imposed upon a property owner without that owners consent.
Policy 1.6:
Stewardship Credits (Credits) are created from any lands within the RLSA that are to be
kept in permanent agriculture, open space or conservation uses. These lands will be
identified as Stewardship Sending Areas or SSAs. All privately owned lands within the
RLSA are a candidate for designation as a SSA. Land becomes designated as a SSA upon
petition by the property owner seeking such designation and the adoption of a resolution
by the Collier County Board of County Commissioners (BCC), which acknowledges the
property owner's request for such designation and assigns Stewardship Credits or other
compensation to the owner for such designation. Collier County will update the Overlay
Map to delineate the boundaries of each approved SSA. Designation as an SSA shall be
administrative and shall not require an amendment to the Growth Management Plan, but
shall be retroactively incorporated into the adopted Overlay Map during the EAR based
amendment process when it periodically occurs. A Stewardship Agreement shall be
developed that identifies those allowable residential densities and other land uses which
remain. Once land is designated as a SSA and Credits or other compensation is granted to
the owner, no increase in density or additional uses unspecified in the Stewardship
Agreement shall be allowed on such property.
Policy 1.7:
The range of Stewardship Credit Values is hereby established using the specific
methodology set forth on the Stewardship Credit Worksheet (Worksheet), incorporated
3
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herein as Attachment A. This methodology and related procedures for SSA designation
will also be adopted as part of the Stewardship Overlay District in the Collier County
Land Development Code (LDC). Such procedures shall include but no be limited to the
following:
(1) All Credit transfers shall be recorded with the Collier County Clerk of Courts.
(2) A covenant or perpetual restrictive easement shall also be recorded for each SSA,
shall run with the land and shall be in favor of Collier County, Department of
Environmental Protection, Department of Agriculture and Consumer Services,
South Florida Water Management District, or a recognized statewide land trust;
and
(3) For each SSA, the Stewardship Agreement will identify the specific land
management measures that will be undertaken and the party responsible for such
measures.
Policy 1.8:
The natural resource value of land within the RLSA is measured by the Stewardship
Natural Resource Index (Index) set forth on the Worksheet. The Index established the
relative natural resource value by objectively measuring six different characteristics of
land and assigning an index factor based on each characteristic. The sum of these six
factors is the index value for the land. Both the characteristics used and the factors
assigned thereto were established after review and analysis of detailed information about
the natural resource attributes of land within the RLSA so that development could be
directed away from important natural resources. The six characteristics measured are:
Stewardship Overlay Designation, Sending Area Proximity, Listed Species Habitat,
Soils/Surface Water, Restoration Potential, and Land Use/Land Cover.
Policy 1.9:
A Natural Resource Index Map Series (Index Map Series) indicates the Natural Resource
Stewardship Index value for all land within the RLSA. Credits from any lands designated
as SSAs, will be based upon the Natural Resource Index values in effect at the time of
designation. Any change in the Characteristics of land due to alteration of the land prior
to the establishment of a SSA that either increases or decreases any Index Factor will
result in an adjustment of the factor values and a corresponding adjustment in the credit
value. The Index and the Index Map Series are adopted as a part of the RLSA Overlay.
Policy 1.10:
In SSAs, the greater the number of uses eliminated from the property, and the higher the
natural resource value of the land, the higher the priority for protection, the greater the
level of Credits that are generated from such lands, and therefore the greater the incentive
to participate in the Stewardship Credit System and protect the natural resources of the
land.
4
Policy 1.11:
1611
The Land Use Matrix, Attachment B, lists uses and activities allowed under the A, Rural
Agricultural Zoning District within the Overlay. These uses are grouped together in one
of eight separate layers in the Matrix. Each layer is discrete and shall be removed
sequentially and cumulatively in the order presented in the Matrix, starting with the
residential layer (layer one) and ending with the conservation layer (layer eight). If a
layer is removed, all uses and activities in that layer are eliminated and are no longer
available. Each layer is assigned a percentage of a base credit in the Worksheet. The
assigned percentage for each layer to be removed is added together and then multiplied
by the Index value on a per acre basis to arrive at a total Stewardship Credit Value of the
land being designated as a SSA.
Policy 1.12:
Credits can be transferred only to lands within the RLSA that meet the defined suitability
criteria and standards set forth in Group 4 Policies. Such lands shall be known as
Stewardship Receiving Areas or SRAs.
Policy 1.13:
The procedures for the establishment and transfer of Credits and SRA designation are set
forth herein and will also be adopted as a part of a Stewardship District in the LDC
(District). LDRs creating the District will be adopted within one (1) year from the
effective date of this Plan amendment.
Policy 1.14:
Stewardship Credits will be exchanged for additional residential or non-residential
entitlements in a SRA on a per acre basis, as described in Policy 4.18. Stewardship
density and intensity will thereafter differ from the Baseline Standards. The assignment
or use of Stewardship Credits shall not require a GMP Amendment.
Policy 1.15:
Land becomes designated as an SRA upon the adoption of a resolution by the Collier
County Board of County Commissioners (BCC) approving the petition by the property
owner seeking such designation. Any change in the residential density or non-residential
intensity of land use on a parcel of land located within a SRA shall be specified in the
resolution reflecting the total number of transferable Credits assigned to the parcel of
land. Density and intensity within the RLSA or within an SRA shall not be increased
beyond the Baseline Standards except through the provisions of the Stewardship Credit
System, the Affordable Housing Density Bonus as referenced in the Density Rating
System of the FLUE, and the density and intensity blending provision of the Irnrnokalee
Area Master Plan.
5
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Policy 1.16:
Stewardship Receiving Areas will accommodate uses that utilize creative land use
planning techniques and Credits shall be used to facilitate the implementation of
innovative and flexible development strategies described in Chapter 163.3177 (11), F.S.
and 9J-5.006(5)(1).
Policy 1.17:
Stewardship Credits may be transferred between different parcels or within a single
parcel, subject to compliance with all applicable provisions of these policies. Residential
clustering shall only occur within the RLSA through the use of the Stewardship Credit
System, and other forms of residential clustering shall not be permitted.
Policy 1.18:
A blend of Local, State, Federal and private revenues, such as but not limited to Florida
Forever, Federal and State conservation and stewardship programs, foundation grants,
private conservation organizations, local option taxes, general county revenues, and other
monies can augment the Stewardship program through the acquisition of conservation
easements, Credits, or land that is identified as the highest priority for natural resource
protection, including, but is not limited to, areas identified on the Overlay Map as Flow
way Stewardship Areas (FSAs), Habitat Stewardship Areas (HSAs), Water Retention
Areas (WRAs) and land within the Big Cypress Area of Critical State Concern (ACSC).
Policy 1.19:
All local land or easement acquisition programs that are intended to work within the
RLSA Overlay shall be based upon a willing participant/seller approach. It is not the
intent of Collier County to use eminent domain acquisition within this system.
Policy 1.20:
The County may elect to acquire Credits through a publicly funded program, using
sources identified in Policy 1.18. Should the County pursue this option, it shall establish a
Stewardship Credit Trust to receive and hold Credits until such time as they are sold,
transferred or otherwise used to implement uses within Stewardship Receiving Areas.
Policy 1.21:
The incentive based Stewardship Credit system relies on the projected demand for
Credits. As the primary basis for permanent protection of flowways, habitats and water
retention areas. The County recognizes that there may be a lack of significant demand for
Credits in the early years of implementation, and also recognizes that a public benefit
would be realized by the early designation of SSAs. To address this issue and to promote
the protection of natural resources, the implementation of the Overlay will include an
early entry bonus to encourage the voluntary establishment of SSAs within the RLSA.
6
1611
........ ,.......
The bonus shall be in the form of an additional one Stewardship Credit per acre of land
designated as a HAS located outside of the ACSC and one-half Stewardship Credit per
acre of land designated as HAS located inside the ACSC. The early entry bonus shall be
available for five years from the effective date of the adoption of the Stewardship Credit
System in the LDC. The early designation of SSAs, and resulting protection of flowways,
habitats, and Water retention areas does not require the establishment of SRAs or
otherwise require the early use of Credits, and Credits generated under the early entry
bonus may be used after the termination of the bonus period. The maximum number of
Credits that can be generated under the bonus is 27,000 Credits, and such Credits shall
not be transferred into or used within the ACSC.
Policy 1.22:
The RLSA Overlay was designed to be a long-term strategic plan with a planning horizon
Year of 2025. Many of the tools, techniques and strategies of the Overlay are new,
Innovative, incentive based, and have yet to be tested in actual implementation. A
comprehensive review of the Overlay shall be prepared for and reviewed by Collier
County and the Department of Community Affairs upon the five-year anniversary of the
adoption of the Stewardship District in the LDC. The purpose of the review shall be to
assess the participation in and effectiveness of the Overlay implementation in meeting the
Goal, Objective and Policies set forth herein. The specific measures of review shall be as
follows:
1. The amount and location of land designated as FSAs, HSAs, WRAs and other
SSAs.
2. The amount and location of land designated as SRAs.
3. The number of Stewardship Credits generated, assigned or held for future use.
4. A comparison of the amount, location and type of Agriculture that existed at the
time of a Study and time of review.
5. The amount, location and type of land converted to non-agricultural use with and
without participation in the Stewardship Credit System since its adoption.
6. The extent and use of funding provided by Collier County and other sources
Local, State, Federal and private revenues described in Policy 1.18.
7. The amount, location and type of restoration through participation m the
Stewardship Credit System since its adoption.
8. The potential for use of Credits in urban areas.
7
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Group 2 - Policies to protect agricultural lands from premature conversion to other
uses and continue the viability of agricultural production through the Collier
County Rural Lands Stewardship Area Overlay.
Policy 2.1:
Agriculture lands will be protected from premature conversion to other uses by creating
incentives that encourage the voluntary elimination of the property owner's right to
convert agriculture land to non-agricultural uses in exchange for compensation as
described in Policy 1.4 and by the establishment of SRAs as the form of compact rural
development in the RLSA Overlay. Analysis has shown that SRAs will allow the
projected population of the RLSA in the Horizon year of 2025 to be accommodated on
approximately 10% of the acreage otherwise required if such compact rural development
were not allowed due to the flexibility afforded to such development. The combination of
stewardship incentives and land efficient compact rural development will minimize two
of the primary market factors that cause premature conversion of agriculture.
Policy 2.2:
Agriculture lands protected through the use of Stewardship Credits shall be designated as
Stewardship Sending Areas (SSAs) as described in Policy 1.6. The protection measures
for SSAs are set forth in Policies 1.6, 1.7 and 1.17.
Policy 2.3:
Within one (1) year from the effective date of these amendments, Collier County will
establish an Agriculture Advisory Council comprised of not less than five nor more than
nine appointed representatives of the agriculture industry, to advise the BCC on matters
relating to Agriculture. The Agriculture Advisory Council (AAC) will work to identify
opportunities and prepare strategies to enhance and promote the continuance, expansion
and diversification of agriculture in Collier County. The AAC will also identify barriers
to the continuance, expansion and diversification of the agricultural industry and will
prepare recommendations to eliminate or minimize such barriers in Collier County. The
AAC will also assess whether exceptions from standards for business uses related to
agriculture should be allowed under an administrative permit process and make
recommendations to the BCC.
Policy 2.4:
The BCC will consider the recommendations of the AAC and facilitate the
implementation of strategies and recommendations identified by the ACC that are
determined to be appropriate. The BCC may adopt amendments to the LDC that
implement policies that support agriculture activities.
8
1611
Policy 2.5:
Agriculture is an important aspect of Collier County's quality of life and economic well-
being. Agricultural activities shall be protected from duplicative regulation as provided
by the Florida Right-to-Farrn Act.
Policy 2.6:
Notwithstanding the special provisions of Policies 3.9 and 3.10, nothing herein or in the
implementing LDRs, shall restrict lawful agricultural activities on lands within the RLSA
that have not been placed into the Stewardship program.
Group 3 - Policies to protect water quality and quantity and maintain the natural
water regime, as well as listed animal and plant species and their habitats by
directing incompatible uses away from wetlands and upland habitat through the
establishment of Flow way Stewardship Areas, Habitat Stewardship Areas, and
Water Retention Areas, where lands are voluntarily included in the Rural Lands
Stewardship Area program.
Policy 3.1:
Protection of water quality and quantity, and the maintenance of the natural water regime
shall occur through the establishment of Flowway Stewardship Areas (FSAs), as SSAs
within the RLSA Overlay. FSAs are delineated on the Overlay Map and contain
approximately 31,100 acres. FSAs are primarily privately owned wetlands that are
located within the Camp Keais Strand and Okaloacoochee Slough. These lands form the
primary wetland flowway systems in the RLSA. The Overlay provides an incentive to
permanently protect FSAs by the creation and transfer of Credits, elimination of
incompatible uses, and establishment of protection measures described in Group 1
Policies. Not all lands within the delineated FSAs are comparable in terms of their natural
resource value; therefore the index shall be used to differentiate higher value from lower
value lands for the purpose of Overlay implementation. Analysis of the Index Map
Series shows that FSA lands score within a range of 0.7 to 2.4; approximately 96% score
greater than 1.2 while 4% score 1.2 or less. The average Index score of FSA land is 1.8.
Policy 3.2:
Listed animal and plant species and their habitats shall be protected through the
establishment of Habitat Stewardship Areas (HSAs), as SSAs within the RLSA Overlay.
HSAs are delineated on the Overlay Map and contain approximately 40,000 acres. HSAs
are privately owned agricultural areas, which include both areas with natural
characteristics that make them suitable habitat for listed species and areas without these
characteristics. These latter areas are included because they are located contiguous to
habitat to help form a continuum of landscape that can augment habitat values. The
Overlay provides an incentive to permanently protect HSAs by the creation and transfer
of Credits, resulting in the elimination of incompatible uses and the establishment of
protection measures described in Group 1 Policies. Not all lands within the delineated
9
HSAs are comparable in terms of their habitat value; therefore the index shall beluh t1 1
differentiate higher value from lower value lands for the purpose of Overlay
implementation. Analysis of the Index Map Series shows that HAS lands score within a
range of 0.6 to 2.2. There are approximately 13,800 acres of cleared agricultural fields
located in HSAs. The average Index score of HAS designated lands is 1.3, however, the
average index score of the naturally vegetated areas within HSAs is 1.5.
~
Policy 3.3:
Further protection for surface water quality and quantity shall be through the
establishment of Water Retention Areas (WRAs), as SSAs within the RLSA Overlay.
WRAs are delineated on the Overlay Map and contain approximately 18,200 acres.
WRAs are privately owned lands that have been permitted by the South Florida Water
Management District to function as agricultural water retention areas. In many instances,
these WRAs consist of native wetland or upland vegetation; in other cases they are
excavated water bodies or may contain exotic vegetation. The Overlay provides an
incentive to permanently protect WRAs by the creation and transfer of Credits,
elimination of incompatible uses, and establishment of protection measures described in
Group 1 Policies. Not all lands within the delineated WRAs are comparable in terms of
their natural resource value; therefore the index shall be used to differentiate higher value
from lower value lands for the purpose of Overlay implementation. Analysis of the Index
Map Series shows that WRA lands score within a range of 0.6 to 2.4; approximately 74%
score greater than 1.2 while 26% score 1.2 or less. The average Index score of WRA
land is 1.5.
Policy 3.4:
Public and private conservation areas exist in the RLSA and serve to protect natural
resources. Corkscrew Marsh and Okaloacoochee Slough State Forest include
approximately 13,500 acres. Analysis shows that they score within an Index range of 0.0
to 2.2; with an average Index score of 1.5. Because these existing public areas, and any
private conservation areas, are already protected, they are not delineated as SSAs and are
not eligible to generate Credits, but do serve an important role in meeting the Goal of the
RLSA.
Policy 3.5:
Residential uses, General Conditional uses, Earth Mining and Processing Uses, and
Recreational Uses (layers 1-4) as listed in the Matrix shall be eliminated in FSAs in
exchange for compensation to the property owner as described in Policy 3.8. Conditional
use essential services and governmental essential services, other than those necessary to
serve permitted uses or for public safety, shall only be allowed in FSAs with a Natural
Resource Stewardship Index value of 1.2 or less. Where practicable, directional-drilling
techniques and/or previously cleared or disturbed areas shall be utilized for oil and gas
extraction in FSAs in order to minimize impacts to native habitats. Other layers may also
be eliminated at the election of the property owner in exchange for compensation. The
elimination of the Earth Mining layer shall not preclude the excavation of lakes or other
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water bodies if such use is an integral part of a restoration or mitigation program within a
FSA.
Policy 3.6:
Residential Land Uses listed in the Matrix shall be eliminated in Habitat Stewardship
Sending Areas in exchange for compensation to the property owner as described in
Policy 3.8. Other layers may also be eliminated at the election of the property owner in
exchange for compensation.
Policy 3.7:
General Conditional Uses, Earth Mining and Processing Uses, and Recreational Uses
shall be allowed only on HSA lands with a Natural Resource Stewardship Index value of
1.2 or less. Conditional use essential services and governmental essential services, other
than those necessary to serve permitted uses or for public safety, shall only be allowed in
HSAs with a Natural Resource Stewardship Index value of 1.2 or less. Asphalt and
concrete batch making plants are prohibited in all HSAs. Where practicable, directional-
drilling techniques and/or previously cleared or disturbed areas shall be utilized for oil
and gas Extraction in HSAs in order to minimize impacts to native habitats. In addition to
the requirements imposed in the LDC for approval of a Conditional Use, such uses will
only be approved upon submittal of an EIS which demonstrates that clearing of native
vegetation has been minimized, the use will not significantly and adversely impact listed
species and their habitats and the use will not significantly and adversely impact aquifers.
As an alternative to the foregoing, the applicant may demonstrate that such use is an
integral part of an approved restoration or mitigation program. Golf Course design,
construction, and operation in any HSA shall comply with the best management practices
of Audubon International's Gold Program and the Florida Department of Environmental
Protection. Compliance with the following standards shall be considered by Collier
County as meeting the requirement for minimization of impact:
. Clearing of native vegetation shall not exceed 15% of the native vegetation on the
parcel.
. Areas previously cleared shall be used preferentially to native vegetated areas.
. Buffering to Conservation Land shall comply with Policy 4.13.
Policy 3.8:
Compensation to the property owner may occur through one or more of the following
mechanisms: creation and transfer of Stewardship Credits, acquisition of conservation
easements, acquisition of less than fee interest in the land, or through other acquisition of
land or interest in land through a willing seller program.
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Policy 3.9:
Agriculture will continue to be a permitted use and its supporting activities will continue
to be permitted as conditional uses within FSAs and HSAs, pursuant to the Agriculture
Group classifications described in the Matrix. The Ag 1 group includes row crops, citrus,
specialty farms, horticulture, plant nurseries, improved pastures for grazing and ranching,
aquaculture and similar activities, including related agricultural support uses. In existing
Ag 1 areas within FSAs and HSAs, all such activities are permitted to continue, and may
convert from one type of Agriculture to another and expand to the limits allowed by
applicable permits. Once the Stewardship Credit System is utilized and an owner receives
compensation as previously described, no further expansion of Ag 1 will be allowed in
FSAs and HSAs beyond existing or permitted limits within property subject to a credit
transfer.
Policy 3.10:
Ag 2 includes unimproved pastures for grazing and ranching, forestry and similar
activities, including related agricultural support uses. In existing Ag 2 areas within FSAs
and HSAs, such activities are permitted to continue, and may convert from one type of
Agriculture to another and expand to the limits allowed by applicable permits. Once the
Stewardship Credit System is utilized and an owner receives compensation as previously
described, no further expansion of Ag 2 or conversion of Ag 2 to Ag 1 will be allowed in
FSAs or HSAs beyond existing or permitted limits within property subject to a credit
transfer.
Policy 3.11:
In certain locations there may be the opportunity for flow-way or habitat restoration.
Examples include, but are not limited to, locations where flow-ways have been
constricted or otherwise impeded by past activities, or where additional land is needed to
enhance wildlife corridors. Priority shall be given to restoration within the Camp Keais
Strand FSA or contiguous HSAs. Should a property owner be willing to dedicate land for
restoration activities within the Camp Keais Strand FSA or contiguous HSAs, four
additional Stewardship Credits shall be assigned for each acre of land so dedicated. An
additional two Stewardship credits shall be assigned for each acre of land dedicated for
restoration activities within other FSAs and HSAs. The actual implementation of
restoration improvements is not required for the owner to receive such credits and the
costs of restoration shall be borne by the governmental agency or private entity
undertaking the restoration. Should an owner also complete restoration improvements,
this shall be rewarded with four additional Credits for each acre of restored land upon
demonstration that the restoration met applicable success criteria as determined by the
permit agency authorizing said restoration. This policy does not preclude other forms of
compensation for restoration, which may be addressed through public-private partnership
agreement such as a developer contribution agreement or stewardship agreement between
the parties involved. The specific process for assignment of additional restoration credits
shall be included in the Stewardship District of the LDC.
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Policy 3.12:
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Based on the data and analysis of the Study, FSAs, HSAs, WRAs, and eXIstmg
public/private conservation land include the land appropriate and necessary to accomplish
the Goal pertaining to natural resource protection. To further direct other uses away from
and to provide additional incentive for the protection, enhancement and restoration of the
Okaloacoochee Slough and Camp Keais Strand, all land within 500 feet of the delineated
FSAs that comprise the Slough or Strand that is not otherwise included in a HSA or
WRA shall receive the same natural index score (0.6) that a HSA receives if such
property is designated as a SSA and retains only agricultural, recreational and/or
conservation layers within the matrix.
Policy 3.13:
Water Retention Areas (WRAs) as generally depicted on the Overlay Map have been
permitted for this purpose and will continue to function for surface water retention,
detention, treatment and/or conveyance, in accordance with the South Florida Water
Management District (SFWMD) permits applicable to each WRA. WRAs can also be
permitted to provide such functions for new uses of land allowed within the Overlay.
WRAs may be incorporated into a SRA master plan to provide water management
functions for properties within such SRA, but are not required to be designated as a SRA
in such instances. WRA boundaries are understood to be approximate and are subject to
refinement in accordance with SFWMD permitting.
Policy 3.14:
During permitting to serve new uses, additions and modifications to WRAs may be
required or desired, including but not limited to changes to control elevations, discharge
rates, storm water pre-treatment, grading, excavation or fill. Such additions and
modifications shall be allowed subject to review and approval by the SFWMD in
accordance with best management practices. Such additions and modifications to WRAs
shall be designed to ensure that there is no net loss of habitat function within the WRAs
unless there is compensating mitigation or restoration in other areas of the Overlay that
will provide comparable habitat function. Compensating mitigation or restoration for an
impact to a WRA contiguous to the Camp Keais Strand or Okaloacoochee Slough shall
be provided within or contiguous to that Strand or Slough.
Group 4- Policies to enable conversion of rural lands to other uses in appropriate
locations, while discouraging urban sprawl, and encouraging development that
utilizes creative land use planning techniques by the establishment of Stewardship
Receiving Areas.
Policy 4.1:
Collier County will encourage and facilitate uses that enable economic prosperity and
diversification of the economic base of the RLSA. Collier County will also encourage
development that utilizes creative land use planning techniques and facilitates a compact
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form of development to accommodate population growth by the establishment of
Stewardship Receiving Areas (SRAs). Incentives to encourage and support the
diversification and vitality of the rural economy such as flexible development regulations,
expedited permitting review, and targeted capital improvements shall be incorporated
into the LDC Stewardship District.
Policy 4.2:
All privately owned lands within the RLSA which meet the criteria set forth herein are
eligible for designation as a SRA, except land delineated as a FSA, HSA, WRA or land
that has been designated as a Stewardship Sending Area. Land proposed for SRA
designation shall meet the suitability criteria and other standards described in Group 4
Policies. Due to the long-term vision of the RLSA Overlay, extending to a horizon year
of 2025, and in accordance with the guidelines established in Chapter 163.3177(11) F.S.,
the specific location, size and composition of each SRA cannot and need not be
predetermined in the GMP. In the RLSA Overlay, lands that are eligible to be designated
as SRAs generally have similar physical attributes as they consist predominately of
agriculture lands which have been cleared or otherwise altered for this purpose. Lands
shown on the Overlay Map as eligible for SRA designation include approximately 74,500
acres outside of the ACSC and 18,300 acres within the ACSC. Approximately 2% of
these lands achieve an Index score greater than 1.2. Because the Overlay requires SRAs
to be compact, mixed-use and self sufficient in the provision of services, facilities and
infrastructure, traditionallocational standards normally applied to determine development
suitability are not relevant or applicable to SRAs. Therefore the process for designating a
SRA follows the principles of the Rural Lands Stewardship Act as further described
herein.
Policy 4.3:
Land becomes designated as a SRA upon petition by a property owner to Collier County
seeking such designation and the adoption of a resolution by the BCC granting the
designation. The petition shall include a SRA master plan as described in Policy 4.5. The
basis for approval shall be a finding of consistency with the policies of the Overlay,
including required suitability criteria set forth herein, compliance with the LDC
Stewardship District, and assurance that the applicant has acquired or will acquire
sufficient Stewardship Credits to implement the SRA uses. Within one year from the
effective date of this amendment, Collier County shall adopt LDC amendments to
establish the procedures and submittal requirements for designation as a SRA, to include
provisions for consideration of impacts, including environmental and public
infrastructure impacts, and provisions for public notice of and the opportunity for public
participation in any consideration by the BCC of such a designation.
Policy 4.4:
Collier County will update the Overlay Map to delineate the boundaries of each approved
SRA. Such updates shall not require an amendment to the Growth Management Plan, but
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shall be retroactively incorporated into the adopted Overlay Map during the EAR based"
amendment process when it periodically occurs.
Policy 4.5:
To address the specifics of each SRA, a master plan of each SRA will be prepared and
submitted to Collier County as a part of the petition for designation as a SRA. The master
plan will demonstrate that the SRA complies with all applicable policies of the Overlay
and the LDC Stewardship District and is designed so that incompatible land uses are
directed away from wetlands and critical habitat identified as FSAs and HSAs on the
Overlay Map.
Policy 4.6:
SRA characteristics shall be based upon innovative planning and development strategies
referenced in Chapter 163.3177 (11), F.S. and 9J-5.006(5)(1). These planning strategies
and techniques include urban villages, new towns, satellite communities, area-based
allocations, clustering and open space provisions, and mixed-use development that allow
the conversion of rural and agricultural lands to other uses while protecting
environmentally sensitive areas, maintaining the economic viability of agricultural and
other predominantly rural land uses, and providing for the cost-efficient delivery of
public facilities and services. Such development strategies are recognized as methods of
discouraging urban sprawl.
Policy 4.7:
There are four specific forms of SRA permitted within the Overlay. These are Towns,
Villages, Hamlets, and Compact Rural Development (CRD). The Characteristics of
Towns, Villages, Hamlets, and CRD are set forth in Attachment C and are generally
described in Policies 4.7.1, 4.7.2, 4.7.3 and 4.7.4. Collier County shall establish more
specific regulations, guidelines and standards within the LDC Stewardship District to
guide the design and development of SRAs to include innovative planning and
development strategies as set forth in Chapter 163.3177 (11), F.S. and OJ-5.006(5)(1). The
size and base density of each form shall be consistent with the standards set forth on
Attachment C. The maximum base residential density as set forth in Attachment C may
only be exceeded through the density blending process as set forth in density and
intensity blending provision of the Irnrnokalee Area Master Plan or through the
affordable housing density bonus as referenced in the Density Rating System of the
Future Land Use Element. The base residential density is calculated by dividing the total
number of residential units in a SRA by the overall area therein. The base residential
density does not restrict net residential density of parcels within a SRA. The location, size
and density of each SRA will be determined on an individual basis during the SRA
designation review and approval process.
15
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Policy 4.7.1:
Towns are the largest and most diverse form of SRA, with a full range of housing types
and mix of uses. Towns have urban level services and infrastructure, which support
development that is compact, mixed use, human scale, and provides a balance of land
uses to reduce automobile trips and increase livability. Towns shall be not less than 1,000
acres or more than 4,000 acres and are comprised of several villages and/or
neighborhoods that have individual identity and character. Towns shall have a mixed-use
town center that will serve as a focal point for community facilities and support services.
Towns shall be designed to encourage pedestrian and bicycle circulation by including an
interconnected sidewalk and pathway system serving all residential neighborhoods.
Towns shall have at least one community park with a minimum size of 200 square feet
per dwelling unit in the Town.
Towns shall also have parks or public green spaces within neighborhoods. Towns shall
include both community and neighborhood scaled retail and office uses, in a ratio as
provided in Policy 4.15. Towns may also include those compatible corporate office and
light industrial uses as those permitted in the Business Park and Research and
Technology Park Subdistricts of the FLUE. Towns shall be the preferred location for the
full range of schools, and to the extent possible, schools and parks shall be located
adjacent to each other to allow for the sharing of recreational facilities. Design criteria for
Towns shall be included in the LDC Stewardship District. Towns shall not be located
within the ACSC.
Policy 4.7.2:
Villages are primarily residential communities with a diversity of housing types and mix
of uses appropriate to the scale and character of the particular village. Villages shall be
not less than 100 acres or more than 1,000 acres. Villages are comprised of residential
neighborhoods and shall include a mixed-use village center to serve as the focal point for
the community's support services and facilities. Villages shall be designed to encourage
pedestrian and bicycle circulation by including an interconnected sidewalk and pathway
system serving all residential neighborhoods. Villages shall have parks or public green
spaces within neighborhoods. Villages shall include neighborhood scaled retail and office
uses, in a ratio as provided in Policy 4.15. Villages are an appropriate location for a full
range of schools. To the extent possible, schools and parks shall be located adjacent to
each other to allow for the sharing of recreational facilities. Design criteria for Villages
shall be included in the LDC Stewardship District.
Policy 4.7.3:
Hamlets are small rural residential areas with primarily single-family housing and limited
range of convenience-oriented services. Hamlets shall be not less than 40 or more then
100 acres. Hamlets will serve as a more compact alternative to traditional five-acre lot
rural subdivisions currently allowed in the baseline standards. Hamlets shall have a
public green space for neighborhoods. Hamlets include convenience retail uses, in a ratio
as provided in Attachment C. Hamlets may be an appropriate location for pre-K through
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elementary schools. Design criteria for Hamlets shall be included in the LDC'
Stewardship District. To maintain a proportion of Hamlets to Villages and Towns, not
more than 5 Hamlets, in combination with CRDs of 100 acres or less, may be approved
as SRAs prior to the approval of a Village or Town, and thereafter not more than 5
additional Hamlets, in combination with CRDs of 100 acres or less, may be approved for
each subsequent Village or Town.
Policy 4.7.4:
Compact Rural Development (CRD) is a form of SRA that will provide flexibility with
respect to the mix of uses and design standards, but shall otherwise comply with the
standards of a Hamlet or Village. A CRD may include, but is not required to have
permanent residential housing and the services and facilities that support permanent
residents. An example of a CRD is an ecotourism village that would have a unique set of
uses and support services different from a traditional residential village. It would contain
transient lodging facilities and services appropriate to eco-tourists, but may not provide
for the range of services that necessary to support permanent residents. Except as
described above, a CRD will conform to the characteristics of a Village or Hamlet as set
forth on Attachment C based on the size of the CRD. As residential units are not a
required use, those goods and services that support residents such as retail, office, civic,
governmental and institutional uses shall also not be required, however for any CRD that
does include permanent residential housing, the proportionate support services listed
above shall be provided in accordance with Attachment C. To maintain a proportion of
CRDs of 100 acres or less to Villages and Towns, not more than 5 CRDs of 100 acres or
less, in combination with Hamlets, may be approved as SRAs prior to the approval of a
Village or Town, and thereafter not more than 5 additional CRDs of 100 acres or less, in
combination with Hamlets, may be approved for each subsequent Village or Town. There
shall be no more than 5 CRDs of more than 100 acres in size. The appropriateness of this
limitation shall be reviewed in 5 years pursuant to Policy 1.22.
Policy 4.8:
An SRA may be contiguous to a FSA or HSA, but shall not encroach into such areas, and
shall buffer such areas as described in Policy 4.13. A SRA may be contiguous to and
served by a WRA without requiring the WRA to be designated as a SRA in accordance
with Policy 3.12 and 3.13.
Policy 4.9:
A SRA must contain sufficient suitable land to accommodate the planned development in
an environmentally acceptable manner. The primary means of directing development
away from wetlands and critical habitat is the prohibition of locating SRAs in FSAs,
HSAs, and WRAs. To further direct development away from wetlands and critical
habitat, residential, commercial, manufacturing/light industrial, group housing, and
transient housing, institutional, civic and community service uses within a SRA shall not
be sited on lands that receive a Natural Resource Index value of greater than 1.2. In
addition, conditional use essential services and governmental essential services, with the
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'~:
exception of those necessary to serve permitted uses and for public safety, shall not be
sited on lands that receive a Natural Resource Index value of greater than 1.2. The Index
value of greater than 1.2 represents those areas that have a high natural resource value as
measured pursuant to Policy 1.8. Less than 2% of potential SRA land achieves an Index
score of greater than 1.2.
Policy 4.10:
Within the RLSA Overlay, open space, which by definition shall include public and
private conservation lands, underdeveloped areas of designated SSAs, agriculture, water
retention and management areas and recreation uses, will continue to be the dominant
land use. Therefore, open space adequate to serve the forecasted population and uses
within the SRA is provided. To ensure that SRA residents have such areas proximate to
their homes, open space shall also comprise a minimum of thirty-five percent of the gross
acreage of an individual SRA Town, Village, or those CRDs exceeding 100 acres. Lands
within a SRA greater than one acre with Index values of greater than 1.2 shall be retained
as open space. As an incentive to encourage open space, such uses within a SRA, located
outside of the ACSC, exceeding the required thirty-five percent shall not be required to
consume Stewardship Credits.
Policy 4.11:
The perimeter of each SRA shall be designed to provide a transition from higher density
and intensity uses within the SRA to lower density and intensity uses on adjoining
property. The edges of SRAs shall be well defined and designed to be compatible with
the character of adjoining property. Techniques such as, but not limited to setbacks,
landscape buffers, and recreation/open space placement may be used for this purpose.
Where existing agricultural activity adjoins a SRA, the design of the SRA must take this
activity into account to allow for the continuation of the agricultural activity and to
minimize any conflict between agriculture and SRA uses.
Policy 4.12:
Where a SRA adjoins a FSA, HSA, WRA or existing public or private conservation land
delineated on the Overlay Map, best management and planning practices shall be applied
to minimize adverse impacts to such lands. SRA design shall demonstrate that ground
water table draw down or diversion will not adversely impact the adjacent FSA, HSA,
WRA or conservation land. Detention and control elevations shall be established to
protect such natural areas and be consistent with surrounding land and project control
elevations and water tables.
Policy 4.13:
Open space within or contiguous to a SRA shall be used to provide a buffer between the
SRA and any adjoining FSA, HSA, or existing public or private conservation land
delineated on the Overlay Map. Open space contiguous to or within 300 feet of the
boundary of a FSA, HSA, or existing public or private conservation land may include:
18
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natural preserves, lakes, golf courses provided no fairways or other turf areas are allowed
within the first 200 feet, passive recreational areas and parks, required yard and set-back
areas, and other natural or man made open space. Along the west boundary of the FSAs
and HSAs that comprise Camp Keais Strand, i.e., the area south of Immokalee Road, this
open space buffer shall be 500 feet wide and shall preclude golf course fairways and
other turf areas within the first 300 feet.
Policy 4.14:
The SRA must have either direct access to a County collector or arterial road or indirect
access via a road provided by the developer that has adequate capacity to accommodate
the proposed development in accordance with accepted transportation planning standards.
No SRA shall be approved unless the capacity of County collector or arterial road(s)
serving the SRA is demonstrated to be adequate in accordance with the Collier County
Concurrency Management System in effect at the time of SRA designation. A
transportation impact assessment meeting the requirements of Section 2.7.3 of the LDC,
or its successor regulation shall be prepared for each proposed SRA to provide the
necessary data and analysis.
Policy 4.15:
SRAs are intended to be mixed use and shall be allowed the full range of uses permitted
by the Urban Designation of the FLUE, as modified by Policies 4.7, 4.7.1, 4.7.2, 4.7.3,
4.7.4 and Attachment C. An appropriate mix of retail, office, recreational, civic,
governmental, and institutional uses will be available to serve the daily needs and
community wide needs of residents of the RLSA. Depending on the size, scale, and
character of a SRA, such uses may be provided either within the specific SRA, within
other SRAs in the RLSA or within the Immokalee Urban Area. By example, each Village
or Town shall provide for neighborhood retail/office uses to serve its population as well
as appropriate civic and institutional uses, however, the combined population of several
Villages and Hamlets may be required to support community scaled retail or office uses
in a nearby Town. Standards for the minimum amount of non-residential uses in each
category are set forth in Attachment C, and shall be also included in the Stewardship
LDC District.
Policy 4.16:
A SRA shall have adequate infrastructure available to serve the proposed development,
or such infrastructure must be provided concurrently with the demand. The level of
infrastructure provided will depend on the type of development, accepted civil
engineering practices, and LDC requirements. The capacity of infrastructure serving the
SRA must be demonstrated during the SRA designation process in accordance with the
Collier County Concurrency Management System in effect at the time of SRA
designation. Infrastructure to be analyzed includes transportation, potable water,
wastewater, irrigation water, stormwater management, and solid waste. Transportation
infrastructure is discussed in Policy 4.14. Centralized or decentralized community water
and wastewater utilities are required in Towns, Villages, and those CRDs exceeding 100
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acres in size. Centralized or decentralized community water and wastewater utilities shall
be constructed, owned, operated and maintained by a private utility service, the
developer, a Community Development District, the Immokalee Water and Sewer Service
District, Collier County, or other governmental entity. Innovative alternative water and
wastewater treatment systems such as decentralized community treatment systems shall
not be prohibited by this policy provided that they meet all applicable regulatory criteria.
Individual potable water supply wells and septic systems, limited to a maximum of 100
acres of any Town, Village or CRD of 100 acres are permitted on an interim basis until
services from a centralized/decentralized community system are available. Individual
potable water supply wells and septic systems are permitted in Hamlets and may be
permitted in CRDs of 100 acres or less in size.
Policy 4.17:
The SRA will be planned and designed to be fiscally neutral or positive to the Collier
County tax base at the horizon year based on a modified per capita costlbenefit fiscal
analysis (Modified per capita costlbenefit fiscal analysis per Burchell et.al., 1994,
Development Impact Assessment Handbook, ULI.). The BCC may grant exceptions to
this policy to accommodate affordable housing, as it deems appropriate. Techniques that
support fiscal self-sufficiency such as Community Development Districts shall be
encouraged. At a minimum, the analysis shall consider the following public facilities and
services: transportation, potable water, wastewater, irrigation water, stormwater
management, solid waste, parks, law enforcement, and schools. Development phasing
and funding mechanisms shall address any adverse impacts to adopted minimum levels of
service pursuant to the County Concurrency Management System.
Policy 4.18:
Eight Credits shall be required for each acre of land included in a SRA, except for open
space in excess of the required thirty-five percent as described in Policy 4.10 or for land
that is designated for a public benefit use described in Policy 4.19. In order to promote
compact, mixed use development and provide the necessary support facilities and
services to residents of rural areas, the SRA designation entitles a full range of uses,
accessory uses and associated uses that provide a mix of services to and are supportive to
the residential population of a SRA, as provided for in Policies 4.7, 4.15 and Attachment
C. Such uses shall be identified, located and quantified in the SRA master plan.
Policy 4.19:
The acreage of a public benefit use shall not count toward the maximum acreage limits
described in Policy 4.7. For the purpose of this policy, public benefit uses include: public
schools (preK-I2) and public or private post secondary institutions, including ancillary
uses; community parks exceeding the minimum acreage requirements of Attachment C,
municipal golf courses; regional parks; and governmental facilities excluding essential
services as defined in the LDC. The location of public schools shall be coordinated with
the Collier County School Board, based on the interlocal agreement 163.3177 F.S. and in
a manner consistent with 235.193 F.S. Schools and related ancillary uses shall be
20
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encouraged to locate in or proximate to Towns, Villages, and Hamlets subject to
applicable zoning and permitting requirements.
Policy 4.20:
Lands within the ACSC that meet all SRA criteria shall also be restricted such that credits
used to entitle a SRA in the ACSC must be generated exclusively from SSAs within the
ACSC. Further, the only form of SRA allowed in the ACSC east of the Okaloacoochee
Slough shall be Hamlets and CRDs of 100 acres or less and the only form of SRA
allowed in the ACSC west of the Okaloacoochee Slough shall be Villages and CRDs of
not more than 300 acres and Hamlets. Provided, however, that two Villages or CRDs of
not more than 500 acres each, exclusive of any lakes created prior to the effective date of
this amendment as a result of mining operations, shall be allowed in areas that have a
frontage on State Road 29 and that, as of the effective date of these amendments, had
been predominantly cleared as a result of Ag Group I or Earth Mining or Processing
Uses. This policy is intended to assure that the RLSA Overlay is not used to increase the
development potential within the ACSC but instead is used to promote a more compact
form of development as an alternative to the Baseline Standards already allowed within
the ACSC. No policy of the RLSA Overlay shall take precedence over the Big Cypress
ACSC regulations and all regulations therein shall apply.
Group 5 . Policies that protect water quality and quantity and the maintaining of
the natural water regime and protect listed animal and plant species and their
habitats on land that is not voluntarily included in the Rural Lands Stewardship
Area program.
Policy 5.1:
To protect water quality and quantity and maintenance of the natural water regime in
areas mapped as FSAs on the Overlay Map prior to the time that they are designated as
SSAs under the Stewardship Credit Program. Residential Uses, General Conditional
Uses, Earth Mining and Processing Uses, and Recreational Uses (layers 1-4) as listed in
the Matrix shall be eliminated in FSAs. Conditional use essential services and
governmental essential services, except those necessary to serve permitted uses or for
public safety, shall only be allowed in FSAs with a Natural Resource Stewardship Index
value of 1.2 or less. Where practicable, directional-drilling techniques and/or previously
cleared or disturbed areas shall be utilized for oil or gas extraction in FSAs in order to
minimize impacts to native habitats. Asphalt and concrete batch making plants shall be
prohibited in areas mapped as HSAs. The opportunity to voluntarily participate in the
Stewardship Credit Program, as well as the right to sell conservation easements or a free
or lesser interest in the land, shall constitute compensation for the loss of these rights.
Policy 5.2:
To protect water quality and quantity and maintenance of the natural water regime and to
protect listed animal and plant species and their habitats in areas mapped as FSAs, HSAs,
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...,
and WRAs on the Overlay Map that are within the ACSC, all ACSC regulatory standards
shall apply, including those that strictly limit non-agricultural clearing.
Policy 5.3:
To protect water quality and quantity and maintenance of the natural water regime and to
protect listed animal and plant species and their habitats in areas mapped as FSAs, HSAs,
and WRAs on the Overlay Map that are not within the ACSC, if a property owner
proposes to utilize such land for a non-agricultural purpose under the Baseline Standards
referenced in Policy 1.5 and does not elect to use the Overlay, the following regulations
are applicable, shall be incorporated into the LDC, and shall supercede any comparable
existing County regulations that would otherwise apply. These regulations shall only
apply to non-agricultural use of land prior to its inclusion in the Overlay system:
1. Site clearing and alteration shall be limited to 20% of the property and
nonpermeable surfaces shall not exceed 50% of any such area.
2. Except for roads and lakes, any nonpermeable surface greater than one acre shall
provide for release of surface water run off, collected or uncollected, in a manner
approximating the natural surface water flow regime of the surrounding area.
3. Revegetation and landscaping of cleared areas shall be accomplished with
predominantly native species and planting of undesirable exotic species shall be
prohibited.
4. An Environmental Impact Statement shall be prepared by the applicant and
reviewed by Collier County in accordance with County regulations.
5. Roads shall be designed to allow the passage of surface water flows through the
use of equalizer pipes, interceptor spreader systems or performance equivalent
structures.
Policy 5.4:
Collier County will coordinate with appropriate State and Federal agencies concerning
the provision of wildlife crossings at locations determined to be appropriate.
Policy 5.5:
For those lands that are not voluntarily included in the Rural Lands Stewardship program,
non-agricultural development, excluding individual single-family residences, shall be
directed away from the listed species and their habitats by complying with the following
guidelines and standards:
1. A wildlife survey shall be required for all parcels when listed species are known
to inhabit biological communities similar to those existing on site or where listed
species are directly observed on the site. The survey shall be conducted in
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accordance with the requirements of the Florida Fish and Wildlife Conservation
Commission (FFWCC) and U.S. Fish and Wildlife Service (USFWS) guidelines.
The County shall notify the FFWCC and USFWS of the existence of any listed
species that may be discovered.
2. Wildlife habitat management plans for listed species shall be submitted for
County approval. A plan shall be required for all projects where the wildlife
survey indicated listed species are utilizing the site, or the site is capable of
supporting wildlife and can be anticipated to be potentially occupied by listed
species. These plans shall describe how the project directs incompatible land uses
away from listed species and their habitats.
a. Management plans shall incorporate proper techniques to protect listed
species and their habitats from the negative impacts of proposed
development. Open space and vegetation preservation requirements shall
be used to establish buffer areas between wildlife habitat areas and areas
dominated by human activities. Provisions such as fencing, walls, or other
obstructions shall be provided to minimize development impacts to the
wildlife and to facilitate and encourage wildlife to use wildlife corridors.
b. Appropriate roadway crossings, underpasses and signage shall be used
where roads must cross wildlife corridors.
1. The following references shall be used, as appropriate; to prepare
the required management plans:
1. South Florida Multi-Species Recovery Plan, USFWS,
1999.
2. Habitat Management Guidelines for the Bald Eagle in the
Southeast Region, USFWS, 1987.
3. Ecology and Habitat Protection Needs of Gopher Tortoise
(Gopherus polyphemus) Populations found on Lands Slated
for Large Scale Development in Florida, Technical Report
No.4, Florida Game and Fresh Water Fish Commission,
1987.
4. Ecology and Development-Related Habitat Requirements
of the Florida Scrub Jay (Aphelocoma coerulescens),
Technical Report No.8, Florida Game and Fresh Water
Fish Commission, 1991.
5. Ecology and Habitat Protection Needs of the Southeastern
American Kestrel (Falco Sparverius Paulus) on Large-scale
Development Sites in Florida, Nongame Technical Report
No. 13, Florida Game and Fresh Water Fish Commission,
1993.
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, "!1
,~
11. The County shall consider any other techniques recommended by
the USFWS and FFWCC, subject to the provision of paragraph (3)
of this policy.
111. When listed species are directly observed on site or indicated by
evidence, such as denning, foraging, or other indications, priority
shall be given to preserving the listed species habitats first, as a
part of the retained native vegetation requirement of a minimum of
40%. The County shall also consider the recommendation of other
agencies, subject to the provisions of paragraph (3) of this policy.
b. For parcels containing gopher tortoises (Gopherus polyphemus), priority
shall be given to protecting the largest most contiguous gopher tortoise
habitat with the greatest number of active burrows, and for providing a
connection to off site adjacent gopher tortoise preserves.
c. Habitat preservation for the Florida scrub jay (Aphelocoma coerulescens)
shall conform to the guidelines contained in Technical Report No.8,
Florida Game and Fresh Water Fish Commission, 1991. The required
management plan shall also provide for a maintenance program and
specify an appropriate fire or mechanical protocols to maintain the natural
scrub community. The plan shall also outline a public awareness program
to educate residents about the on-site preserve and the need to maintain the
scrub vegetation. These requirements shall be consistent with the UFWS
South Florida Multi-Species Recovery Plan, May 1999, subject to the
provisions of paragraph (3) of this policy.
d. For the bald eagle (Haliaeetus leucocephalus), the required habitat
management plans shall establish protective zones around the eagle nest
restricting certain activities. The plans shall also address restricting certain
types of activities during the nest season. These requirements shall be
consistent with the UFWS South Florida Multi-Species Recover Plan,
May 1999, subject to the provisions of paragraph (3) of this policy.
e. For the red-cockaded woodpecker (Picoides borealis), the required habitat
protection plan shall outline measures to avoid adverse impacts to active
clusters and to minimize impacts to foraging habitat. Where adverse
effects cannot be avoided, measures shall be taken to minimize on-site
disturbance and compensate or mitigate for impacts that remain. These
requirements shall be consistent with the UFWS South Florida Multi-
Species Recovery Plan, May 1999, subject to the provision of paragraph
(3) of this policy.
f. In areas where the Florida black bear (Ursus americanus floridanus) may
be present, the management plans shall require that garbage be placed in
bear-proof containers, at one or more central locations. The management
plan shall also identify methods to inform local residents of the concerns
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1611
related to interaction between black bears and humans. Mitigation for
impacting habitat suitable for black bear shall be considered in the
management plan.
g. For projects located in Priority I or Priority II Panther Habitat areas, the
management plan shall discourage the destruction of undisturbed, native
habitats that are preferred by the Florida panther (Felis concolor coryi) by
directing intensive land uses to currently disturbed areas. Preferred
habitats include pine flatwoods and hardwood hammocks. In turn, these
areas shall be buffered from the most intense land uses of the project by
using low intensity land uses (e.g., parks, passive recreational areas, golf
courses). Golf courses within the Rural Lands Area shall be designed and
managed using standards found within this Overlay. The management
plans shall identify appropriate lighting controls for these permitted uses
and shall also address the opportunity to utilize prescribed burning to
maintain fire-adapted preserved vegetation communities and provide
browse for white-tailed deer. These requirements shall be consistent with
the UFWS South Florida Multi-Species Recover Plan, May 1999, subject
to the provisions of paragraph (3) of this policy.
h. The Management Plans shall contain a monitoring program for
developments greater than 10 acres.
3. The County shall, consistent with applicable policies of this Overlay, consider and
utilize recommendations and letters of technical assistance from the Florida Fish
and Wildlife Conservation Commission and recommendations from the US Fish
and Wildlife Service in issuing development orders on property containing listed
species. It is recognized that these agency recommendations, on a case by case
basis, may change the requirements contained within these wildlife protection
policies and any such change shall be deemed consistent with the Growth
Management Plan.
Policy 5.6:
For those lands that are not voluntarily included in the Rural Lands Stewardship program,
Collier County shall direct non-agricultural land uses away from high functioning
wetlands by limiting direct impacts within wetlands. A direct impact is hereby defined as
the dredging or filling of a wetland or adversely changing the hydroperiod of a wetland.
This policy shall be implemented as follows:
1. There are two (2) major wetlands systems within the RLSA, Camp Keais, Strand
and the Okaloacoochee Slough. These two systems have been mapped and are
designated as FSA's. Policy 5.1 prohibits certain uses within the FSA's, thus
preserving and protecting the wetlands functions within those wetland systems.
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2.
,....J
The other significant wetlands within the RLSA are WRA's as described in Policy
3.3. These areas are protected by existing SFWMD wetlands permits for each
area.
3.
FSAs, HSAs and WRAs, as provided in Policy 5.3, and the ACSC have stringent
site clearing and alteration limitations, nonpermeable surface limitations, and
requirements addressing surface water flows which protect wetland functions
within the wetlands in those areas. Other wetlands within the RLSA are isolated
or seasonal wetlands. These wetlands will be protected based upon the wetland
functionality assessment described below, and the final permitting requirements
of the South Florida Water Management District.
a. The County shall apply the vegetation retention, open space and site
preservation requirements specified within this Overlay to preserve an
appropriate amount of native vegetation on site. Wetlands shall be
preserved as part of this vegetation requirement according to the following
criteria:
1. The acreage requirements specified within this Overlay shall be
met by preserving wetlands with the highest wetland functionality
scores. Wetland functionality assessment scores shall be those
described in paragraph (b) of this policy. The vegetative
preservation requirements imposed by Policy 5.3 shall first be met
through preservation of wetlands having a functionality assessment
score of 0.65 or greater. Within one year, from the effective date of
this Amendment, the County shall develop specific criteria in the
LDC to be used to determine those instances in which wetlands
with functionality assessment score of 0.65 or greater must be
preserved in excess of the preservation required by Policy 5.3.
11. Wetlands utilized by listed species or serving as corridors for the
movement of listed species shall be preserved on site. Wetland
flowway functions through the project shall be maintained.
Ill. Proposed development shall demonstrate that ground water table
drawdowns or diversions will not adversely change the
hydroperiod of preserved wetlands on or offsite. Detention and
control elevations shall be set to protect surrounding wetlands and
be consistent with surrounding land and project control elevations
and water tables. In order to meet these requirements, projects shall
be designed in accordance with Sections 4.2.2.4.6.11 and 6.12 of
SFWMD's Basis of Review, January 2001. Upland vegetative
communities may be utilized to meet the vegetative, open space
and site preservation requirements of this Overlay when the
wetland functional assessment score is less than 0.65.
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-,
, 11
b. In order to assess the values and functions of wetlands at the time of
project review, applicants shall rate functionality of wetlands using the
South Florida Water Management District's Wetland Rapid Assessment
Procedure (WRAP), as described in Technical Publication Reg-DOl, dated
September 1997, and updated August 1999, until such time as the District
adopts the proposed Unified Wetland Mitigation Assessment Method,
described in draft form and identified as F.A.c. Chapter 62-345-Uniform
Wetland Mitigation Assessment Method. The applicant shall submit to
county staff WRAP scores, County staff shall review shall review this
functionality assessment as part of the County's EIS provisions and shall
use the results to direct incompatible land uses away from the highest
functioning wetlands according to the requirements found in paragraph 3
above.
c. All direct impacts shall be mitigated for pursuant to the requirements of
paragraph (f) of this policy.
d. Single family residences shall follow the requirements contained within
Policy 6.2.7 of the Conservation and Coastal Management Element.
e. The County shall separate preserved wetlands from other land uses with
appropriate buffering requirements. The County shall require a minimum
50-foot vegetated upland buffer adjacent to a natural water body, and for
other wetlands a minimum 25-foot vegetated upland buffer adjacent to the
wetland. A structural buffer may be used in conjunction with a vegetative
buffer that would reduce the vegetative buffer width by 50%. A structural
buffer shall be required adjacent to wetlands where direct impacts are
allows. Wetland buffers shall conform to the following standards:
1. The buffer shall be measured landward from the approved
jurisdictional line.
11. The buffer zone shall consist of preserved native vegetation.
Where native vegetation does not exist, native vegetation
compatible with the existing soils and expected hydrologic
conditions shall be planted.
iii. The buffer shall be maintained free of Category I invasive exotic
plants, as defined by the Florida Exotic Pest Plant Council.
IV. The following land uses are considered to be compatible with
wetland functions and are allowed within the buffer:
(1) Passive recreational areas, boardwalks and recreational
shelters;
(2) Pervious nature trails;
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. I
(3) Water management structures;
(4) Mitigation areas;
(5) Any other conservation and related open space activity or
use which is comparable in nature with the foregoing uses.
v. A structural buffer may consist of a stern-wall, berm, or vegetative
hedge with suitable fencing.
f. Mitigation shall be required for direct impacts to wetland in order to result
in no net loss of wetland functions.
Mitigation Requirements:
1. "No net loss of wetland functions" shall mean that the wetland
functional score of the proposed mitigation equals or exceeds the
wetland functional score of the impacted wetlands. Priority shall be
given to mitigation within FSA's and HSA's.
11. Loss of storage or conveyance volume resulting from direct
impacts to wetlands shall be compensated for by providing an
equal amount of storage or conveyance capacity on site and within
or adjacent to the impacted wetland.
111. Protection shall be provided for preserved or created wetland or
upland vegetative communities offered as mitigation by placing a
conservation easement over the land in perpetuity, providing for
initial exotic plant removal (Class I invasive exotic plants defined
by the Florida Exotic Plan Council) and continuing exotic plant
maintenance, or by appropriate ownership transfer to a state or
federal agency along with sufficient funding for perpetual
management activities.
IV. Prior to issuance of any final development order that authorizes
site alteration, the applicant shall demonstrate compliance with
paragraphs (f) i, ii, and iii of this policy. If agency pennits have not
provided mitigation consistent with this policy, Collier County will
require mitigation exceeding that of the jurisdictional agencies.
g. Wetland preservation, buffer areas, and mitigation areas shall be identified
or platted as separate tracts. In the case of a Planned Unit Development
(PUD), these areas shall also be depicted on the PUD Master Plan. These
areas shall be maintained free from trash and debris and from Category I
invasive exotic plants, as defined by the Florida Exotic Pest Plant Council.
Land uses allowed in these areas shall be limited to those listed above
(3.e.iv.) and shall not include any other activities that are detrimental to
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drainage, flood, control, water conservation, erosion control or fish and
wildlife habitat conservation and preservation.
Immokalee Area Master Plan, Land Use Designation Description Section, Special
Provisions, 2. Density and Intensity Blending:
This provision is intended to encourage unified plans of development and to preserve the
high quality wetlands, wildlife habitat, and other natural features that exist within areas of
the Irnmokalee Urban Area, which are proximate to Lake Trafford and Camp Keais
Strand. In the case of properties which are contiguous to Lake Trafford or Camp Keais
Strand, which straddle the Irnmokalee Urban Area and the Rural Lands Stewardship Area
Overlay (RLSA) as depicted on the countywide Future Land Use Map, and which were in
existence and under unified control as of October 22, 2002, the allowable gross density
and/or intensity may be shifted from the Urban designated lands to lands within the
RLSA which are contiguous and under unified control, and which are designated as a
Stewardship Receiving Area (SRA) in the RLSA. The density and/or intensity may be
shifted on an acre per acre basis. This Density and Intensity Blending provision is further
subject to the following conditions and limitations:
a. The project in aggregate must be a minimum of 200 acres in size and the Urban
portion must be designated Recreationalffourist District (RT) in the Irnmokalee
Area Master Plan;
b. It must be demonstrated the lands designated Urban have a high natural resource
value as indicated by the presence of Group 1 or Group 2 FLUCCS Codes and a
score of greater than 1.2 (both as identified on the Stewardship Credit Worksheet
in the RLSA;
c. Density and Intensity may only be shifted from lands within the Irnmokalee
Urban Area containing this high natural resource value (as measured above) to the
lands within a contiguous SRA, on an acre per acre basis, providing such lands
were under unified control as of October 22,2002; and
d. Lands within the Urban area, from which the density and/or intensity has been
shifted, shall be placed in a conservation easement in perpetuity.
29
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EAR - Determining An Urban Boundary
Agenda Item #2.b.
Backeround:
At its November 19th, 2003 regular meeting, the Irnmokalee Area Master Plan Ad Hoc
Committee voted to recommend expanding both the Irnmokalee Area Master Plan
Boundary and the Urban Boundary for Immokalee. Currently, these two boundaries are
identical. However, if the Immokalee Area Master Plan were amended as per the
Committee's recommendations, the Master Plan would feature a designated urban area,
surrounded by a larger Master Plan Boundary. The following report provides some
factors, related to the Collier County Growth Management Plan, for consideration by the
Committee, when considering amending the Urban Boundary.
The Urban Desienation as described in the County's Future Land Use Element:
Within the County's Future Land Use Element (FLUE), the Urban Area is described as
follows:
"Urban Designated Areas on the Future Land Use Map include two general portions of
Collier County: areas with the greatest residential densities, and areas in close proximity,
which have or are projected to receive future urban support facilities and services. It is
intended that Urban Designated Areas accommodate the majority of population growth
and that new intensive land uses be located within them. Accordingly, the Urban Area
will accommodate residential uses and a variety of non-residential uses. The Urban
Designated Area, which includes Immokalee and Marco Island, represents less than 10%
of Collier County's land area.
The boundaries of the Urban Designated Areas have been established based on several
factors, including: patterns of existing development; patterns of approved, but unbuilt,
development; natural resources; water management; hurricane risk; existing and proposed
public facilities; population projections and the land needed to accommodate the
projected population growth.
Urban Designated Areas will accommodate the following uses:
a. Residential uses including single family, multi-family, duplex, and mobile home.
The maximum densities allowed are identified in the Districts, and Subdistricts
and Overlays that follow.
b. Non-residential uses including:
1
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1
.
1. Essential services as defined by the most recent Land Development Code.
2. Parks, open space and recreational uses;
3. Water-dependent and water-related uses (see Conservation and Coastal
Management Element, Objective II.l and subsequent policies and the
Manatee Protection Plan contained in the Land Development Code);
4. Child care centers;
5. Community facilities such as churches group housing uses, cemeteries,
schools and school facilities co-located with other public facilities such as
parks, libraries, and community centers, where feasible and mutually
acceptable;
6. Safety service facilities;
7. Utility and communication facilities;
8. Earth mining, oil extraction, and related processing;
9. Agriculture;
10. Travel trailer recreational vehicle parks, provided the following criteria are
met:
(a) The density is consistent with that permitted In the Land
Development Code;
(b) The site has direct principal access to a road classified as an
arterial in the Transportation Element, direct principal access
defined as a driveway and/or local roadway connection to the
arterial road, provided the portion of the local roadway intended to
provide access to the RV park is not within a residential
neighborhood and does not service a predominately residential
area; and
(c) The use will be compatible with surrounding land uses.
11. Support medical facilities such as physicians' offices, medical clinics,
treatment, research and rehabilitative centers, and pharmacies provided the
dominant use is medical related and located within 1A mile of existing or
approved hospitals or medical centers which offer primary and urgent care
treatment for all types of injuries and traumas, such as, but not limited to,
North Collier Hospital. The distance shall be measured from the nearest
point of the tract that the hospital is located on or approved for, to the
project boundaries of the support medical facilities. Approval of such
support medical facilities may be granted concurrent with the approval of
2
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~b ·
new hospitals or medical centers which offer primary and urgent care
treatment for all types of injuries and traumas. Stipulations to ensure that
the construction of the support medical facilities are concurrent with
hospitals or medical centers shall be determined at the time of zoning
approval. Support medical facilities are not allowed under this provision if
the hospital or medical center is a short-term leased facility due to the
potential for relocation.
12. Commercial uses subject to criteria identified in the Urban - Mixed Use
District, PUD Neighborhood Village Center Subdistrict, Office and Infill
Commercial Subdistrict, Traditional Neighborhood Design Subdistrict,
Orange Blossom Mixed-Use Subdistrict, Goodlette/Pine Ridge
Commercial Infill Subdistrict, Buckley Mixed Use Subdistrict, Vanderbilt
Beach/Collier Boulevard Commercial Subdistrict, and Henderson Creek
Mixed Use Subdistrict; and, in the Urban Commercial District, Mixed Use
Activity Center Subdistrict, Interchange Activity Center Subdistrict,
LivingstonJPine Ridge Commercial Infill Subdistrict, Livingston
RoadlEatonwood Lane Commercial Infill Subdistrict, Livingston Road
Commercial Infill Subdistrict, and in the Bayshore/Gateway Triangle
Redevelopment Overlay.
l3. Commercial uses accessory to other permitted uses, such as a restaurant
accessory to a golf course or retail sales accessory to manufacturing, so
long as restrictions or limitations are imposed to insure the commercial
use functions as an accessory, subordinate use. Such restrictions or
limitations could include limiting the size and/or location of the
commercial use and/or limiting access to the commercial use.
14. Industrial uses subject to criteria identified in the Urban - Industrial
District, in the Urban - Mixed Use District, and in the Urban Commercial
District, certain quadrants of Interchange Activity Centers.
15. Hotels/motels consistent by Policy 5.9,5.10, and 5.11, or as permitted in
the Irnrnokalee Area, Golden Gate Area and Marco Island Master Plans,
and as permitted in the Bayshore/Gateway Triangle Redevelopment
Overlay.
16. Business Park uses subject to criteria identified in the Urban-Mixed Use
District, Urban Commercial District and Urban-Industrial District.
17. Research and Technology Park uses subject to criteria identified in the
Urban-Mixed Use District, Urban Commercial District and Urban-
Industrial District."
3
Staff Interpretation:
16 \ ~
The above language defines what the Urban designation means, relative to the
requirements of the County's Growth Management Plan. Thus, Urban Areas are:
1) Areas with the greatest residential densities, and
2) Areas in close proximity to the above areas, which either already have or are
projected to receive future urban support facilities and services.
The County's Urban Area, including Immokalee, currently represents less than 10% of
the County Land Area. Because of the two factors listed above, dramatic expansions of
the Urban Designation are unlikely.
In the Collier County FLUE, residential would generally be considered the "highest and
best use." Other uses, as they generally occur within the County's Urban Area are
restricted by size and Iocational factors. In most instances, commercial or industrial uses,
when they occur, have been established through an amendment to the County's Growth
Management Plan, or as part of a larger Planned Unit Development (PUD). The
exceptions to this rule are generally within older urban areas where development pre-
dates the current Growth Management Plan.
The County's Growth Management Plan, including the FLUE and the Immokalee Area
Master Plan (lAMP) applies certain strategies to protect the County's Natural Resources.
With regard to expansion of the Immokalee Urban Area, these strategies are as follows:
1. In general, Urban Designated Areas, as designated on the Future Land Use Map,
are located and configured to guide concentrated population growth and intensive
land development away from areas of great environmental sensitivity and toward
areas more tolerant to development (areas of lesser environmental sensitivity).
2. Within the Urban Designated Areas, the Growth Management Plan encourages
Planned Unit Development (PUD) zoning and assigns maximum permissible
residential density based on the gross land area. Through site plan review
procedures in the Land Development Regulations (LDRs), development is guided
to the portion of the property that is of lesser environmental quality, thus, in
effect, constituting an on-site transfer or clustering of development rights.
3. The County's Stewardship Credit System, as set forth in the FLUE and as
applicable to the Rural Lands Stewardship Area, is a key component of the
County's overall strategy to direct incompatible land uses away from important
natural resources, including large connected wetland systems and listed species
and their habitats.
4. An Area of Critical State Concern Overlay is included on the Future Land Use
Map to ensure implementation of all applicable Land Development Regulations in
4
the Okaloacoochee Slough, Big Cypress Swamp, Fakahatchee Strand and Ten 1 b \ 1
Thousand Islands areas.
5. The County's Land Development Regulations provide standards for protection of
groundwater, particularly in close vicinity to public water supply wells by
implementing policies set forth in the Natural Groundwater Aquifer Recharge
Element.
6. Natural resources are also protected through close spatial and temporal
coordination of land development with the availability of adequate infrastructure
(public or private facilities) to ensure optimized accommodation of human
impacts, particularly in relation to water supply, sewage treatment, and
management of solid waste. This coordination is accomplished through the
provision of public facilities as detailed in the Capital Improvements and Public
Facility Elements and through the Level of Service Standards (LOS) found herein.
Coordination of Land Use & Public Facilities:
It has recently been shown that the current Irnrnokalee Urban Boundary primarily follows
the boundaries of the Immokalee Water & Sewer District Service Area. This is one
method of coordinating future land uses with the need for adequate public facilities. In
fact, Florida's Growth Management Act (Chapter 163, Florida Statutes) contains a
requirement that adequate service by public facilities must be available at the time of
demand by new development. This requirement is referred to as "concurrency."
Concurrency is usually achieved through either spatial coordination of public facilities
with land uses through designation on the Future Land Use Map or through temporal
coordination through Level of Service LOS standards. The LOS standards are binding -
no final local Development Order may be issued which is not consistent with the
Concurrency Management System. Binding LOS standards have been established for
roads, water supply, sewage treatment, water management, solid waste and parks.
The Urban Service Area concept employed within the Growth Management Plan (GMP)
is designed to coordinate land development with the provision of adequate public
facilities. It is within Urban Designated Areas, as depicted on the Future Land Use Map,
that the more intensive Zoning Districts, and thus the more intensive land uses are
permissible. Since Urban Areas are where intensive land uses are guided, they are also
where fiscal resources are primarily concentrated for the provision of roads, water supply,
sewage treatment and water management. Nevertheless, the GMP recognizes that some
of the planned facilities and services such as parks, schools, emergency and other
essential services, and improvements to the existing road network are anticipated outside
of the Urban Designated Area, primarily within the areas known as North Golden Gate
Estates and the Rural Fringe Mixed Use District.
In coordinating projected future land uses with the need for adequate public facilities, a
balance must be achieved. It is important that the County's Urban Designated Area not
be so large that public facilities cannot be efficiently and effectively planned for and
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delivered; and not be so small that the supply of land available for development is
extremely limited with resultant lack of site selection options and competition leading to
elevated land prices. It is also important that the time frames for land use and public
facility planning be coordinated.
Land Use Plannine: & Transportation Plannine::
Within the Collier County Growth Management Plan (including the lAMP) there is an
inherent incongruity, or conflict, between land use planning timeframes and the
timeframes used in transportation planning. As an example, the current Immokalee
Urban Area includes enough land for approximately 39,000 dwelling units with a build-
out horizon year of 2105. However, this buildout time frame is in contrast to the time
frames used for transportation planning which are based upon a 2025 Long-Range
Transportation Plan.
The GMP responds to this time frame discrepancy both through immediate action and
through process oriented commitments. First, the Traffic Circulation Element of the
County Plan includes an Objective to coordinate with the Future Land Use Element and a
policy to complete long range transportation planning. Second, the Density Rating
System has been adjusted so as to moderate maximum permissible densities in areas
subject to long-range congestion. Third, commercial development opportunities, in the
form of Mixed Use Activity Centers, are provided to include a mixture of uses that has
the potential to lessen the impact on the transportation system. Fourth, both the
Irnrnokalee Area Master Plan and the Capital Improvements Element contain Level of
service Standards that are binding upon the issuance of development orders. Finally, the
County has implemented a Zoning Reevaluation Program that reviewed and modified,
where possible, zoning with a higher density or intensity than provided for in the 1989
Comprehensive Plan.
The Affect Of The Immokalee Water & Sewer District:
As noted previously, the current boundary and geographic extent of the Immokalee
Urban Area more-or-less follows the boundaries of the Immokalee Water & Sewer
District. The District is an independent governmental district that was created by a
Special Act of the State Legislature in 1978. The District has its own governmental
board, whose members are appointed by the Governor of Florida. While the District
must coordinate with County Agencies, and it is subject to County LOS Standards, its
board is otherwise not subject to the Collier County Board of County Commissioners.
While it is necessary to coordinate future land uses with adequate public facilities, there
is no requirement in State Law that requires the Immokalee Community to conform to the
shape of the Immokalee Water & Sewer District's Service Area. It is not unusual for
utility service areas (even public utilities) to be larger or smaller than the primary urban
areas they serve. As an example, the service area for City of Punta Gorda Utilities (in
Charlotte County) is larger than the geographic area of the City of Punta Gorda, while the
service area for Cape Coral Utilities is currently much smaller than the City of Cape
Coral.
6
The Affect of the Immokalee Fire Control District:
1b \ 1
The Immokalee Fire Control District was created in 1957, through a local Referendum.
A publicly elected board governs the operations of the District. Although the District
coordinates with both County agencies and adjacent fire districts, particularly with regard
to fire code issues, it is an independent governmental entity. The District boundaries
include most of the northeast portion of Collier County. Although District Offices are
located within the Immokalee Urban Area, most of the District is actually comprised of
rural and/or natural lands. There is no relationship between the current Immokalee Urban
Boundary and the Fire District Boundary.
Bie Cypress Area of Critical State Concern (ACSC):
The Area of Critical State Concern (ACSC) Program is established through Section
380.05, Florida Statutes. Its purpose is to protect resources and public facilities of major
statewide significance. Currently, there are four ACSCs within the State of Florida:
City of Apalachicola
City of Key West
The Green Swamp
The Big Cypress Swamp
The Big Cypress ACSC comprises portions of Collier, Miami-Dade and Monroe
Counties. On the Collier County Future Land Use Map, the ACSC Boundary is reflected
as a red line, running roughly north to south through the east-central portion of the
County. The line forms the easternmost boundary of the current Immokalee Urban Area.
The program's provisions govern all land east of the ACSC boundary.
Within the Big Cypress ACSC, Florida Department of Community Affairs (DCA) staff
review all local development projects within the designated areas and may appeal to the
Administration Commission any local development orders that are inconsistent with state
guidelines. The DCA's Division of Community Planning also is responsible for
reviewing and approving amendments to comprehensive plans and land development
regulations proposed by local governments within the designated areas.
Within Collier County, the Big Cypress ACSC covers approximately 835,000 acres.
Within the boundaries of the ACSC, urban-type development is extremely limited. The
Rules governing development within the ACSC are described in Rules 28-25.004 through
28-25.009, Florida Administrative Codes, and are as follows:
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28-25.004 Agricultural Exemption.
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The use of any land for the purpose of growing plants, crops, trees, and other agricultural
or forestry products, raising livestock or for other purposes directly related to all such
uses are exempt from these regulations. Lands lying fallow are deemed to be used for
agricultural purposes. However, whenever any person carries out any activity defined in
Section 380, Florida Statutes, as development or applies for a development permit, as
defined in Section 380, Florida Statutes, to develop exempted land, these regulations
shall apply to such application and to such land.
28-25.006 Site Alteration.
(1) Site alteration shall be limited to 10% of the total site size, and installation of
nonpermeable surfaces shall not exceed 50% of any such area. However, a
minimum of 2,500 square feet may be altered on any permitted site.
(2) Except for roads, any nonpermeable surface greater than 20,000 square feet shall
provide for release of surface run off, collected or uncollected, in a manner
approximating the natural surface water flow regime of the area.
(3) Soils exposed during site alteration shall be stabilized and retention ponds or
performance equivalent structures or systems maintained in order to retain run off
and siltation on the construction site. Restoration of vegetation to site alteration
areas shall be substantially completed within 180 days following completion of a
development. Revegetation shall be accomplished with pre-existing species or
other suitable species except that undesirable exotic species (see list below) shall
not be replanted or propagated.
Australian pine - Casuarina equisetifolia
Bishopwood - Bischofia javanica
Brazilian pepper (holly) - Shinus terebinthfolius
Castor bean - Ricinus communis
Common papaya - Carica papaya
Common snakeplant - Sanseviera trifasciata
Day jessamine - Cestrum diurnum
Hunters robe - Raphidophora aurea
Me1aleuca (cajeput) - Melaleuca leucadendra
Queensland umbrella tree - Schefflera actinophylla
Trailing wedelia - Wedelia trilobata
(4) No mangrove trees or salt marsh grasses shall be destroyed or otherwise altered.
Plants specifically protected in this regulation include:
Red mangrove - Rhizophora mangle
Black mangrove - A vicennia nitida
White mangrove - Laguncularia racemosa
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Needlerush - Juncus roemerianus
Salt cordgrasses - Spartina alterniflora, S. patens, S. cynosuroides, S. spartinae
Seashore saltgrass - Distichlis spicata
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(5) Fill areas and related dredge or borrow ponds shall be aligned substantially in the
direction of local surface water flows and shall be separated from other fill areas
and ponds by unaltered areas of vegetation of comparable size. Dredge or borrow
ponds shall provide for the release of storm waters as sheet flow from their
downstream end into unaltered areas of vegetation. Access roads to and between
fill areas shall provide for the passage of water in a manner approximately the
natural flow regime and designed to accommodate the 50-year storm. Fill areas
and related ponds shall not substantially retain or divert the total flow in or to a
slough or strand or significantly impeded tidal action in any portion of the
estuarine zone.
(6) Man-made lakes, ponds, or other containment works shall be constructed with a
maximum slope of 30 degrees to a depth of six feet of water. Whenever mineral
extraction is completed in new quarrying lakes, shoreline sloping, revegetation
and disposal of spoils or tailings shall be completed before abandonment. Existing
quarrying lakes are exempt from this provision, except that whenever any person
carries out any activity defined in Section 380.04, Florida Statutes, as
development or applies for a development permit as defined in Section 380.03l,
Florida Statutes, to develop any existing quarrying lake area, these regulations
shall apply.
(7) Finger canals shall not be constructed in the Critical Area.
(8) This rule shall not apply to site alterations undertaken in connection with the
agricultural use of land or for the conversion of land to agricultural use.
28-25.007 Drainage.
(1) Existing drainage facilities shall not be modified so as to discharge water to any
coastal waters, either directly or through existing drainage facilities. Existing
drainage facilities shall not be expanded in capacity or length except in
conformance with subsection (2) below; however, modifications may be made to
existing facilities that will raise the ground water table or limit salt water
intrusion.
(2) New drainage facilities shall release water in a manner approximating the natural
local surface flow regime, through a spreader pond or performance equivalent
structure or system, either on site or to a natural retention, or natural filtration and
flow area. New drainage facilities shall also maintain a ground water level
sufficient to protect wetland vegetation through the use of weirs or performance
equivalent structure or systems. Said facilities shall not retain, divert, or otherwise
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block or channel the naturally occurring flows in a strand, slough, or estuarine
area.
(3) New drainage facilities shall not discharge water to any coastal waters either
directly or through existing drainage facilities.
(4) This rule shall not apply to drainage facilities modified or constructed in order to
use land for agricultural purposes or to convert land to such use.
28-25.008 Transportation.
(1) Transportation facilities which would retain, divert or otherwise block surface
water flows shall provide for the re-establishment of sheet flow through the use of
interceptor spreader systems or performance equivalent structures and shall
provide for passage of stream, strand or slough waters through the use of bridges,
culverts, piling construction or performance equivalent structures or systems.
Channelization of such areas shall be the minimum length necessary to maintain
reasonable flow and prevent weed blockage.
(2) Transportation facilities, constructed substantially parallel to the local surface
flow, shall maintain a ground water level sufficient to protect wetland vegetation
through the use of weirs or performance equivalent structures or systems and as
feasible, the flows in such works shall be released to natural retention filtration
and flow areas.
(3) Transportation facility construction sites shall provide for siltation and runoff
control through the use of settling ponds, soil fixing or performance equivalent
structures or systems.
28-25.009 Structure Installation.
(1) Placement of structures shall be accomplished in a manner that will not adversely
affect surface water flow or tidal action.
(2) Minimum lowest floor elevation permitted for structures shall be at or above the
IOO-year flood level, as established by the Administrator of the Federal Flood
Insurance Administration. The construction of any structure shall meet additional
Federal Flood Insurance Land Management and Use Criteria (24 CFR 1910), as
administered by the appropriate local agency.
(3) This rule shall not apply to structures used or intended for use in connection with
the agricultural use of the land.
The above rules are incorporated by reference into the Collier County Rural Lands
Stewardship Area Overlay. In fact, RLSA has been found to be in compliance with the
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rules of the ACSC. For the most part, the rules have to do with protecting the natural
flow regimes in the Big Cypress.
RLSA OVERLAY:
For the most part, staff does not believe that the RLSA Overlay is currently useful with
regard to extending or altering the Irnrnokalee Urban Boundary. The information
contained within the Overlay maps (see handouts) provides only a very general concept
of the locations of lands upon which development could occur. (For instance, areas
having Environmental Indices of 0 - 1.2 might be developable, possibly with mitigation
in some instances. Areas having indices of 1.3 to 2.4 are probably not developable.)
However, the RLSA provides no information as to when such development might occur.
Therefore, annexing these "developable" lands into the urban area is probably premature.
Concern over premature development of agricultural lands was one of the factors that
drove DCA's finding the County's Growth Management Plan to be "not in compliance"
in 1997.
As developers within the RLSA corne forward with their Stewardship Sending and
Stewardship Receiving Applications, some of the Receiving Areas may be contiguous, or
sufficiently close to the Immokalee Urban Boundary to warrant inclusion. Any attempt
to bring such areas within the urban boundary should await such time.
STAFF RECOMMENDATIONS:
1. Any proposed changes to the Immokalee Urban Area should be consistent with
the FLUE's definition of an Urban Area. This definition encompasses:
. Areas with the greatest residential densities, and
. Areas in close proximity, which have or are projected to receive future urban
support facilities and services.
2. Any areas proposed to be included in the Immokalee Urban Area should be
located and configured so as to guide concentrated population growth and
intensive land development away from areas of great environmental sensitivity
and toward areas more tolerant to development (areas of lesser environmental
sensitivity).
3. Given the limitations upon urban-type development within the Big Cypress Area
of Critical State Concern (ACSC), staff recommends that no portion of the ACSC
be included within the Urban Boundary at this time. In future, if RLSA
development is proposed for a portion of the ACSC contiguous to the Urban
Boundary, staff could evaluate whether such development should be included
within the Urban Area.
4. Staff recommends that the Committee examine the boundary expansion proposed
by the Irnrnokalee Water & Sewer District, but only to the extent that the
proposed boundaries encompass areas that are currently developed or proposed
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for development. It is not necessary for the District boundaries and the urban
boundaries to be identical.
5. There does not appear to be any relationship, other than name, between the
boundaries of the Immokalee Fire Control District and the Immokalee Urban
Boundary. Therefore, staff does not recommend that Fire District Boundaries
influence the decision to expand, contract, or otherwise alter the Urban Boundary.
6. Staff does not recommend that the current RLSA Overlay Maps be used to
influence the decision to expand, contract, or otherwise alter the Urban Boundary.
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....
EAR - Mixed Use Activity Centers
Agenda Item 3.c.
Back2round:
One of the recommendations to the Evaluation & Appraisal Report (EAR) forwarded by
the Committee at its November 19, 2003 meeting was to evaluate the establishment of a
Mixed Use Activity Center at the intersection of State Road 82 and State Road 29. As
conceived by staff, the Activity Center would be located within the proposed expansion
of the Irnmokalee Area Master Plan Area, but would not be within the current or revised
urban boundaries. However, the Mixed Use Activity Center, as defined within the
County's Future Land Use Element, would be considered part of a Subdistrict within the
Urban Designation on the Future Land Use Map. Therefore, it would actually constitute
an urban enclave within the greater rural area. A precedent for this type of future land
use arrangement exists within the County's Golden Gate Area Master Plan (GGAMP).
Within the GGAMP, Golden Gate City is the primary urban area. However, there are (in
the GGAMP) a number of urban commercial subdistricts scattered throughout the
western Estates.
The intersection of SR 82 and SR 29 is located within the Collier County Rural Lands
Stewardship Area Overlay (RLSA Overlay). Therefore, establishment of the Mixed Use
Activity Center and development within the Center must be consistent with the criteria
contained in the Overlay.
Mixed Use Activitv Centers:
Currently, the Future Land Use Element (FLUE) recognizes nineteen Mixed Use Activity
Centers. Formerly, there were 21 Centers; however, two were located on Marco Island
and were deleted from the County Growth Management Plan when the City of Marco
Island was incorporated. Three (3) Centers are also recognized as Interchange Activity
Centers. These three Centers have somewhat different development criteria than the
other sixteen (16) Centers. Four (4) centers are also designated Master Planned Mixed
Use Activity Centers.
Proposed Amendment Lan2ua2e (in StFiketkFoHdl Underline Format):
1. Mixed Use Activity Center Subdistrict
Mixed Use Activity Centers have been designated on the Future Land Use Map Series
identified in the Future Land Use Element. The locations are based on intersections of
major roads and on spacing criteria. There are +9 20 Mixed Use Activity Centers, which
comprise approximately 3,00089 acres, including 3 Interchange Activity Centers (#4, 9,
1
~ 6 11 ~3
1
,;
10), which will be discussed separately. Two Activity Centers #19 and 21 have been
deleted and replaced by the land use designations identified in the Marco Island Master
Plan and Future Land Use Map.
The Mixed-Use Activity Center concept is designed to concentrate almost all new
commercial zoning in locations where traffic impacts can readily be accommodated, to
avoid strip and disorganized patterns of commercial development, and to create focal
points within the community. Additionally, some commercial development is allowed
outside of Mixed Use Activity Centers in the PUD Neighborhood Village Center
Subdistrict, Office and Infill Commercial Subdistrict, Interchange Activity Center
Subdistrict, Traditional Neighborhood Design Subdistrict, Orange Blossom Mixed-Use
Subdistrict, GoodlettelPine Ridge Commercial Subdistrict, Vanderbilt Beach/Collier
Boulevard Commercial Subdistrict, LivingstonlPine Ridge Commercial Infill Subdistrict,
Henderson Creek Mixed Use Subdistrict, Livingston RoadlEatonwood Lane Commercial
Infill Subdistrict, Livingston Road Commercial Infill Subdistrict, Buckley Mixed Use
Subdistrict and the Bayshore/Gateway Triangle Redevelopment Overlay and by Policies
5.9,5.10, and 5.11 of the Future Land Use Element.
Mixed Use Activity Centers are intended to be mixed-use in character. The actual mix of
the various land uses - which may include the full array of commercial uses, residential
uses, institutional uses, hotel/motel uses at a density consistent with the Land
Development Code - shall be determined during the rezoning process based on
consideration of the factors listed below.
For residential development, if a project is within the boundaries of a Mixed Use Activity
Center, which is not within the Urban Residential Fringe Subdistrict or Urban Coastal
Fringe Subdistrict, up to 16 residential units per gross acre may be permitted. This
density may be distributed throughout the project, including any portion located outside
of the boundary of the Mixed Use Activity Center. However, consistent with Attachment
C of the Collier County RLSA Overlay, residential development within Mixed Use
Activity Center #22 shall not exceed a maximum density of two (2) units per gross acre.
Furthermore. if residential units are constructed within Mixed Use Activity Center #22,
the residential development shall include sufficient support services for the number of
units constructed.
The factors to consider during review of a rezone petition are as follows:
Rezones within Mixed Use Activity Centers are encouraged to be in the form of a
Planned Unit Development. There shall be no minimum acreage limitation for
such Planned Unit Developments except all requests for rezoning must meet the
requirements for rezoning in the Land Development Code.
The amount, type and location of existing zoned commercial land, and developed
commercial uses, within the Mixed Use Activity Center and within two road
miles of the Mixed Use Activity Center;
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Market demand and service area for the proposed commercial land uses to be-
used as a guide to explore the feasibility of the requested land uses;
Existing patterns of land use within the Mixed Use Activity Center and within
two radial miles;
Adequacy of infrastructure capacity, particularly roads;
Compatibility of the proposed development with, and adequacy of buffering for,
adjoining properties;
Natural or man-made constraints;
Rezoning criteria identified in the Land Development Code;
Conformance with Access Management Plan provisions for Mixed Use Activity
Centers contained in the Land Development Code;
Coordinated traffic flow on-site and off-site, as may be demonstrated by a Traffic
Impact Analysis, and a site plan/master plan indicating on-site traffic movements,
access point locations and type, median opening locations and type on the
abutting roadway(s), location of traffic signals on the abutting roadway(s), and
internal and external vehicular and pedestrian interconnections;
Interconnection(s) for pedestrians, bicycles and motor vehicles with existing and
future adjacent projects;
Conformance with the architectural design standards as identified in the Land
Development Code.
The approximate boundaries of Mixed Use Activity Centers have been delineated on the
maps located at the end of this section as part of the Future Land Use Map Series. The
actual boundaries of Mixed Use Activity Centers listed below by Activity Center and
location are specifically defined on the maps and shall be considered to delineate the
boundaries for those Mixed Use Activity Centers.
# 1 Immokalee Road and Airport Road
# 6 Davis Boulevard and Santa Barbara Boulevard
# 8 Airport Road and Golden Gate Parkway
#11 Vanderbilt Beach Road and Airport Road
#12 US 41 and Pine Ridge Road
# 13 Airport Road and Pine Ridge Road
#15 Golden Gate Parkway and Coronado Boulevard
#16 US 41 and Airport Road
#17 US 41 and Rattlesnake-Hammock Road
# 18 US 41 and Isles of Capri Road
#20 US 41 and Wiggins Pass Road
#22 SR 82 and SR 29
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The mix of uses in all of these specifically designated, except for #6 at Davis Boulevard
and Santa Barbara Boulevard, range from 80 to 100% commercially zoned and/or
developed property. Activity Center #6 is approximately 60% commercially zoned and/or
developed. For purposes of these specifically designated Activity Centers, the entire
Activity Center is eligible for up to 100%, or any combination thereof, of each of the
following uses: commercial, residential and/or community facilities. Mixed Use Activity
Center #22 shall be developed consistent with the criteria described for Compact Rural
Developments (CRDs) within Policy 4.7.4 of the Rural Lands Stewardship Area Overlay
in this Element.
Mixed Use Activity Centers may be designated as Master Planned Mixed Use Activity
Centers. Master Planned Mixed Use Activity Centers are those, which have a unified plan
of development in the form of a Planned Unit Development, Development of Regional
Impact or an area-wide Development of Regional Impact. Property owners within Mixed
Use Activity Centers shall be required to utilize the Master Planned Mixed Use Activity
Center process.
# 2 US 41 and Irnrnokalee Road
# 3 Immokalee Road and CR 951
# 5 US 41 and Vanderbilt Beach Road
# 7 Rattlesnake-Hammock Road and CR 95l
#14 Goodlette-Frank Road and Golden Gate Parkway
In recognition of the benefit resulting from the coordination of planned land uses and
coordinated access points to the public road network, Master Planned Activity Centers
are encouraged through the allowance of flexibility in the boundaries, mix and location of
uses permitted within a designated Mixed Use Activity Center and may be permitted to
modify the designated configuration. The boundaries of Master Planned Mixed Use
Activity Centers depicted on the Future Land Use Map Series are understood to be
flexible and subject to modification during final site design; however, the approved
amount of commercial development shall not be exceeded. The actual mix of land uses
shall be determined using the criteria for other Mixed Use Activity Centers. All of the
following criteria must be met for a project to qualify as a Master Planned Mixed Use
Activity Center:
1. The applicant shall have unified control of the maJonty of a quadrant in a
designated Activity Center. Majority of the quadrant shall be defined as at least
51 % of the privately owned land within any Activity Center quadrant. However,
if a property owner has less than 51 % ownership within a quadrant, that property
owner may still request a rezoning under the provisions of a Mixed Use Activity
Center Subdistrict subject to the maximum acreage allowed in Paragraph 2 below.
Property owners with less than 51 % ownership are encouraged to incorporate
vehicular and pedestrian accesses with adjacent properties within the Activity
Center. Any publicly owned land within the quadrant will be excluded from
acreage calculations to determine unified control;
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. -"1
2. The permitted land uses for a Master Planned Mixed Use Activity Center shall be
same as for designated Activity Centers; however, a Master Planned Mixed Use
Activity Center encompassing the majority of property in two or more quadrants
shall be afforded the flexibility to redistribute a part or all of the allocation from
one quadrant to another. The maximum amount of commercial uses permitted at
Activity Center # 3 is 40 acres per quadrant for a total of 160 acres maximum in
the entire Activity Center; the balance of the land area shall be for residential
and/or community facility uses. The maximum amount of commercial uses
permitted at Activity Center #7 is 40 acres per quadrant, except that the northeast
quadrant may have a total of 59 acres, for a total of 179 acres maximum in the
entire Activity Center; the balance of the land area shall be for residential and/or
community facility uses. With respect to the +/-19 acres in the northeast quadrant
of Activity Center #7, said acreage lying adjacent to the east of the Hammock
Park Commerce Center PUD, development shall be limited to a total of 185,000
square feet of the following uses: personal indoor self-storage facilities - this use
shall occupy no greater than 50% of the total (185,000) building square feet;
offices for various contractorlbuilder construction trade specialists inclusive of the
offices of related professional disciplines and services that typically serve those
construction businesses or otherwise assist in facilitating elements of a building
and related infrastructure, including but not limited to architects, engineers, land
surveyors and attorneys - these offices of related professional disciplines and
services shall occupy no greater than 50% of the total (185,000) building square
feet; warehouse space for various contractorlbuilder construction trades
occupants; mortgage and land title companies; related businesses including but
not limited to lumber and other building materials dealers, paint, glass, and
wallpaper stores, garden supply stores - all as accessory uses only, accessory to
offices for various contractorlbuilder construction trade specialists or accessory
to warehouse space for various contractorlbuilder construction trades occupants;
management associations of various types of buildings or provision of services to
buildings/properties; and, fitness centers. Activity Center #14 shall have a
maximum of 45 acres for commercial use, the balance of the land uses shall be for
residential and/or community facility uses. Activity Centers #2 and #5 have
approximately 80% of the area zoned or developed for commercial uses. For
purposes of these two Activity Centers, the entire Activity Center is eligible for
up to 100% or any combination thereof, of the following uses: commercial,
residential and/or community facilities.
3. The location and configuration of all land uses within a Master Planned Mixed
Use Activity Center shall be compatible with and related to existing site Features,
surrounding development, and existing natural and manmade constraints.
Commercial uses shall be oriented so as to provide coordinated and functional
transportation access to major roadways serving the Activity Center, and
functionally related or integrated with surrounding land uses and the planned
transportation network; and
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.,~ ',0 'I
4. Adjacent properties within the Activity Center that are not under the unified
control of the applicant shall be considered and appropriately incorporated (i.e.
pedestrian and vehicular interconnections) into the applicant's Master Plan.
New Mixed Use Activity Centers may be proposed if all of the following criteria are met
and an amendment is made to delineate the specific boundaries on the Future Land Use
Map series for Mixed Use Activity Centers:
· The intersection around which the Mixed Use Activity Center is located consists
of an arterial and collector road, or two arterial roads, based upon roadway
classifications in the Traffic Circulation Element.
· The Mixed Use Activity Center is no closer than two miles from any existing
Mixed Use Activity Center, as measured from the center point of the intersections
around which the existing and proposed Mixed Use Activity Centers are located.
· Market justification is provided demonstrating need for a Mixed Use Activity
Center at the proposed location.
(Note: For informational purposes, staff has included the language (from the FLUE) for
Interchange Activity Centers. However, staff does not recommend amending this
language at this time, because the routing of an Interstate Connector through the SR
29/SR 82 intersection is as yet uncertain.)
2. Interchange Activity Center Subdistrict
Interchange Activity Centers have been designated on the Future Land Use Map at each
of the three Interstate 75 interchanges and include numbers 4, 9 and 10. The boundaries
of these Interchange Activity Centers have been specifically defined on the maps located
at the end of this Section as part of the Future Land Use Map Series. Any changes to the
boundaries of these Interchange Activity Centers shall require an amendment to the
Future Land Use Map Series.
Interchange Activity Centers #4 and #10 allow for a mixture of land uses - which may
include 100% or any combination thereof, of each of the following uses: the full array of
commercial uses, residential and non-residential uses, institutional uses, hotel/motel uses
at a density consistent with the Land Development Code, and Business Parks; and
industrial uses as identified below in the southwest and southeast quadrants of
Interchange Activity Center #4. No industrial uses shall be allowed in Interchange
Activity Center #10. The actual mix of uses shall be determined during the rezoning
process based on consideration of the same factors listed under the Mixed Use Activity
Center Subdistrict.
Interchange Activity Center # 9 shall be subject to the requirement of the development of
an Interchange Master Plan (IMP). The IMP is intended to create an enhanced "gateway"
to Naples. The IMP process shall be initiated by the property owners and/or their
representatives by meeting with the County planning staff within 60 days of the adoption
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of this Growth Management Plan amendment and a finding of compliance from the
Department of Community Affairs. The purpose of the meeting will be to establish a
mutually acceptable vision statement for Activity Center # 9. The Interchange Master
Plan shall be adopted by Resolution by the Board of County Commissioners. All rezones
thereafter shall meet the intent of the vision statement.
Subsequent to the development of the vision statement, new projects within Activity
Center #9 are encouraged to have a unified plan of development in the form of a Planned
Unit Development. The mixture of uses allowed in Interchange Activity Center # 9 shall
include the full array of commercial uses; residential and non-residential uses;
institutional uses; Business Park; hotel/motel uses at a density consistent with the Land
Development Code; industrial uses in the northeast, southwest and southeast quadrants.
The mix and intensity of land uses shall meet the intent of the vision statement and be
defined during the rezoning process. The entire Interchange Activity Center is eligible for
up to 100% of the entire acreage to be developed for any of the uses referenced above,
except the maximum amount of commercial acreage shall not exceed 55% of the total
acreage (632.5 ac.) of Interchange Activity Center # 9. The factors to consider during
review of a rezone petition shall be in compliance with the vision statement and those
included for the Mixed Use Activity Center.
For residential development, if a project is within the boundaries of an Interchange
Activity Center, which is not within the Urban Residential Fringe Subdistrict and not
within the Estates Designation, up to 16 residential units per gross acre may be permitted.
This density may be distributed throughout the project, including any portion located
outside of the boundary of the Activity Center.
Based on the unique location and function of Interchange Activity Centers, some
Industrial land uses that serve regional markets and derive specific benefit when located
in the Interchange Activity Centers shall be allowed, provided each such use is reviewed
and found to be compatible with existing and approved land uses. Industrial uses shall be
limited to: manufacturing, warehousing, storage, and distribution.
The following conditions shall be required to ensure compatibility of Industrial land uses
with other commercial, residential and/or institutional land uses in the Interchange
Activity Centers; to maintain the appearance of these Interchange Activity Centers as
gateways to the community; and to mitigate any adverse impacts caused by noise, glare
or fumes to the adjacent property owners. The Planned Unit Development and/or
rezoning ordinance shall contain specific language regarding the permitted Industrial land
uses, compatibility requirements, and development standards consistent with the
following conditions. Site-specific development details will be reviewed during the Site
Development Plan review process.
Landscaping, buffering and/or berming shall be installed along the Interstate;
Fencing shall be wooden or masonry;
Wholesale and storage uses shall not be permitted immediately adjacent to the
right-of-way of the Interstate;
Central water and sewage systems shall be required;
7
State Access Management Plans, as applicable;
No direct access to the Interstate right-of-way shall be permitted;
Joint access and frontage roads shall be established when frontage is not adequate
to meet the access spacing requirements of the Access Control Policy, Activity
Center Access Management Plan provisions, or State Access Management Plans,
as applicable;
Access points and median openings shall be designed to provide adequate turning
radii to accommodate truck traffic and to minimize the need for U-turn
movements;
The developer shall be responsible to provide all necessary traffic improvements
to include traffic signals, turn lanes, deceleration lanes, and other improvements
deemed necessary - as determined through the rezoning process;
A maximum floor area ratio (FAR) for the designated Industrial land uses
component of the projects shall be established at 0.45.
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Recommendation:
Staff will display a map at the Committee meeting, showing the location of the proposed
Mixed Use Activity Center. Staff recommends that the language changes discussed in
this report be amended to the Future Land Use Element. Subsequent to the Committee's
recommendation for a revised Master Plan Boundary, staff will prepare any necessary
amendments to the RLSA Overlay and the Immokalee Area Master Plan.
8
IMMOKALEEAREA.MASTER PLAN
A.fJ, .'HOCCOMMITTEE
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I 1
FACILITATING COMMERCIAL DEVELOPMENT
IN IMMOKALEE AREA PUDs
Agenda Item 2.d.
Immokalee Area PUDs
There are a total of 13 PUDs that exist within the present boundary of the
Immokalee Urban Area (See Attachments 1 and 2). Of these PUDs, three
contain commercial components: Arrowhead, Heritage, and R. Roberts Estate
(highlighted in green on Attachment 2). To follow is a brief summary of each of
these PUDs and the specific regulations set forth in the ordinances establishing
them regarding the development of their commercial areas.
1. Arrowhead (Ordinance 02-40)
Arrowhead PUD has been approved for a total of 15 acres of commercial
development, totaling 130,680 square feet. So far, none of this acreage has
been developed. Nevertheless, the development regulations for the PUD are
outlined below:
Maximum Development Intensitv
The maximum allowable commercial square footage is 130,630 square feet of
gross livable area on 15 acres of which 1.4 acres is included in buffer area. The
maximum site coverage by principal structures, accessory structures or outside
sales areas shall not exceed 20 percent of the area designated for commercial
use on the PUD Master Plan... The applicable Collier County Zoning Districts
used as the basis of this commercial component are the permitted uses in the C-
2, C-3, and C-4 Districts of the LDC with development standards generally
provided for from the C-4 District.
Uses Permitted
No building, structure, or part, thereof, or outside sales area, shall be erected,
altered or used, or land used, in whole or in part, for other than the following:
A. Permitted Uses:
1. All permitted uses in the C-2, G-2, and C-4 Zoning Districts of the
LDG in effect as of the date of adoption of this ordinance.
B. Accessory Uses:
1. Uses and structures that are accessory and incidental to uses
permitted as of right in the G-2, C-3, and G-4 Districts of the LDG in
effect as of the date of adoption of this ordinance.
Development Standards
A. Minimum Lot Area: 10,000 square feet
B. Minimum Lot Width: 100 feet
1
C. Minimum Yard Requirements
1. Front yard- 25 feet or one-half of the building height as measured from
grade, whichever is greater.
2. Side yard-one-half of the building height as measured from grade, with
a minimum of 15 feet.
3. Rear yard- 15 feet or one-half of the height of the building as measured
from grade, whichever is greater.
D. Distance between Structures: Same as for side yard setback.
E. Maximum Height: 50 feet
F. Minimum Floor Area of Structures: 1000 square feet per building on the
ground floor.
G. Maximum Density: Hotels, motels and time-share facilities are limited to a
maximum density of 16 units per acre. The maximum floor area for these
uses is 500 square feet.
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2. Heritage (Ordinance 91-73)
In Heritage PUD, 10.5 commercial acres totaling 244,562 square feet were
approved for development. Of these, 8.27 acres, or 39,418 square feet, were
eventually developed for commercial purposes. Due to a lack of activity for a
period of five years, however, the County is in the process of "sunsetting" this
development. Nevertheless, if the developer amends the ordinance that
established this PUD, the window for development can be extended for an
additional two years.
Permitted Uses and Structures
No building or structure, or part thereof, shall be erected, altered, or used, or land
or water used, in whole or in part, for other than the following:
A. Permitted Principal Uses and Structures
1. Antique shops
2. Appliance stores
3. Art studios
4. Art supplies
5. Automobile service stations
6. Bakery shops
7. Banks and financial institutions
8. Barber and beauty shops
9. Bicycle sales and services
10. Bookstores
11. Child care centers
12. Clothing stores
13. Cocktail lounges
14. Commercial recreation
15. Delicatessen; drugstores: dry cleaning shops: dry goods stores and
department stores
16. Electric supply stores
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17. Fish stores; florist shops; food market; furniture stores; furrier shops
and fast food restaurants.
18. Hardware stores; health food stores; hobby supply stores
19.1ce cream stores; ice sales; interior decorating showrooms
20. Jewelry stores
21. Laundries, leather goods and luggage stores; locksmiths and liquor
stores
22. Meat market; medical office or clinic; motion picture theater; music
stores
23. Office (retail or professional); office supply stores
24. Paint and wallpaper stores; pet shops; pet supply stores; Post
Office
25. Radio and television sales service; small appliance stores; shoe
sales and repairs; restaurants
26. Stationery stores; shopping centers; supermarkets
27. Tailor shops; tobacco shops; toy shop; tropical fish stores
28. Variety stores; veterinary offices and clinics (no outside kennels)
29. Watch and precision instruments sales and repair
30. Any other commercial use a professional service that is comparable
nature with the foregoing uses in which the Zoning Director
determines to be compatible in the district.
B. Permitted Accessory Uses and Structures:
1. Accessory uses and structures in accordance with Section 8.1 Oa of
the Zoning Ordinance customarily associated with the uses
permitted in this district. Accessory uses and structures in
accordance with Section 8.1 Db of the Zoning Ordinance are subject
to Site Development Plan approval in accordance with Section 10.5
of the Zoning Ordnance.
2. Caretaker's residence.
Development Standards
A. Minimum Site Area: To be determined at the time fractionalization of tracts
in accordance with Section 3.2 of this document.
S. Minimum Site Width: To be determined at the time fractionalization of
tracts in accordance with Section 3.2 of this document.
C. Minimum Yard Requirements:
1. Front yard--15 feet within which no parking shall be allowed or any
merchandise stored or displayed.
2. Side yard--none, or a minimum of five feet with an obstructed
passage from front yard to rear yard
3. Rear yard--15 feet except when abutting a residentially zoned
parcel
4. Any yard abutting a residential use of parcel-50 feet
D. Maximum Height of Structures: 35 feet
E. Minimum Floor Area of Structures: 1000 square feet per building on the
ground floor
3
F. Distance Between Structures: Same as for side yard setback
G. Minimum standards for parking, landscaping and lighting, shall be in
accordance with applicable Collier County regulations in effect at the time
permits are sought. Lighting facility shall be arranged a manner which will
protect neighboring property from direct glare or other interference.
H. A site development plan shall be submitted for review and approval by
Collier County, in accordance with Section 10.5 of the Collier County
Zoning Ordinance.
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3. R. Roberts Estate (Ordinance 92-7)
R. Roberts Estate PUD has been approved for 18.6 acres or 260,000 square feet
of commercial development. To date, none of this area has been developed.
The following are the specific regulations relative to the development of this
acreage.
Development Emphasis
Except as otherwise provided for within this section, all lots shall conform to the
General Commercial District (C-4) of the Collier County Land Development
Code.
Uses Permitted
A. No building or structure or part thereof, shall be erected, altered or used,
or land used, in whole or part, for other than the following:
1. Antique shops; appliance stores; art studios; art supply shops;
automobile parts stores; automobile service stations without repairs
(see Section 2.6.28); awning shops.
2. Bakery shops; bait and tackle shops; banks and financial
institutions; barber and beauty shops; bath supply stores; bicycle
sales and services; billiard halls; blueprint shops; book binders;
bookstores; business machine services.
3. Carpet and floor covering sales, which may include storage and
installation; churches and other places of worship (see Section
2.6.10); clothing stores; cocktail lounges (see Section 2.6.10);
commercial recreation uses-indoor; commercial schools;
confectionery and candy stores.
4. Delicatessen; department stores; drugstore; dry cleaning shops; dry
goods stores and drapery shops.
5. Electrical supply stores; equipment rentals including lawn mowers
and power saws, which may include their repair and sale.
6. Fish market-retail only; florist shops; fraternal and social clubs
(see Section 2.6.10); funeral home; furniture store; furrier shops.
7. Garden supply stores-outside display in side and rear yards; gift
shops; glass and mirror sales-including storage and installation;
gourmet shops.
8. Hardware stores; hat cleaning and blocking; health food stores;
homes for the aged; hospitals and hospices.
4
9. Ice cream stores.
10.Jewelry stores.
11 . Laundries-self-service only; leather goods; legitimate theaters;
liquor stores; locksmiths.
12. Markets - food; markets - meat, medical office and clinics; millinery
shops; motion picture theaters; museum; music stores; minor
automobile repair work.
13. New car dealerships - outside display permitted; news stores;
nightclubs (see Section 2.6.10).
14. Office - General; office supply stores.
15. Paint and wallpaper stores; pet shops; pet supply stores; pottery
stores; printing; publishing and mimeograph service shops; private
clubs (see Section 2.6.10); professional offices.
16. Radio and television sales and service; radio and television stations
(offices and studios), and auxiliary transmitters and receiving
equipment, but not principal transmitting tower; research and
designed labs; rest homes; restaurants - including drive-in or fast
food restaurant (see Section 2.6.10).
17. Shoe repair; shoe store; shopping centers (see Division 3.3);
souvenir stores; stationery stores; supermarkets and sanatoriums.
18. Taylor shops; taxidermists; tile sales - ceramic tile; tobacco shops;
toy shops; tropical fish stores.
19. Upholstery shops.
20. Variety stores; vehicle rental- automobiles only; veterinarian
offices and clinics - no outside kenneling.
21. Watch and precision instrument repair shops.
22.Any other commercial use or professional service which is
comparable in nature with the foregoing uses in which the Planning
Services Manager determines to be compatible in the district.
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B. All of the above permitted principal uses of land and buildings may be
permitted providing the following conditions are found to be present:
1. All retail or service establishments shall deal directly with
consumers as opposed to wholesale distribution of products or
services to nonhousehold establishments. For those retail or
service establishments producing goods on the premises, they shall
be sold at retail.
2. All business, servicing, or processing, except for off-street parking
and loading, shall be conducted within a completely enclosed
building, except for motorized vehicle equipment sales.
C. Permitted accessory uses and structures in Tracts "c" and "D." [See
Attachment 3.]
1. Accessory uses and structures customarily associated with uses
permitted in this section.
2. Caretaker's residence subject to Section 2.6.16.
D. Permitted conditional uses and structures in Tracts "c" and "D."
5
1. Car wash
2. Childcare center
3. Commercial recreation - outdoor
4. Detached residence in conjunction with business - one per
business
5. Drive-in theaters
6. Permitted use with less than 1000 square feet gross floor area in
principal structure
7. Used car lots and outdoor boat sales
8. Vehicle rentals - all vehicles except automobiles
9. Hotels and motels
10. Retail sales of propane gas
1611"!
Development Standards Applicable to Tracts "C" and "D."
A. Minimum Lot Area: 1 0,000 square feet.
B. Minimum Lot Width: 100 feet.
C. Minimum Yard Requirements:
1. Front yard-25 feet plus one foot for each one-foot building height
over 50 ft.
2. Side yard--15 feet, or half the height of the building, whichever is
greater.
3. Rear yard-O feet or 5 feet.
D. Maximum Height: 50 feet.
E. Minimum Floor Area of Principal Structures: 1000 square feet per building
on the ground floor.
F. Maximum Density: 16 units per acre for transient lodging facilities, hotels
and motels with a maximum floor area of 500 square feet per unit.
G. Distance between Principal Structures: 0 feet or 15 feet with unobstructed
passage from front to rear yard.
H. Off-Street Parking and Loading Requirements:
1. As required by Division 2.3 of the Land Development Code.
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Agenda Item 2.e.
Facilitating Rural Residential Development in Immokalee
As Collier County staff continues to assemble and amend the Growth
Management Plan, various elements of the Plan under comprehensive planning
law are considered and evaluated. The relationship between agricultural and
open space preservation along with housing development can be both confusing
and controversial. Especially for communities like Collier County that are
experiencing high growth while struggling to manage bucolic residential
development along with various other community concerns.
Many communities are adopting smart growth policies in an effort to balance
residential development with agricultural needs, open space and natural
resources while trying to retain a sense of place. Smart growth involves anti-
sprawl development that is environmentally, fiscally, and economically
smart and includes land-use planning, mixed-use development, and a strong
sense of place. A sample of the smart growth tools employed by the County to
help address these rural and countywide concerns include:
1. The Rural Land Stewardship Area (RLSA)
2. The purchase and transfer of development tights
3. Overlay zones and special districts
4. Affordable housing and other density bonuses
5. Natural Resource Protection Areas
6. Conservation zones
Making rural communities such as Immokalee a desirable place to live is not the
entire solution. If there is no economic opportunity in the area, young families will
have no choice but to seek residency elsewhere. On the other hand, economic
development is more likely to occur in attractive places to live because they draw
young families and entrepreneurs who start new farms and businesses and
revitalize existing enterprises. It is important to incorporate and manage
residential growth concurrent with economic development activities.
Opportunity
The majority of rural farm and ranch communities are not likely to become the
next tourist-filled Aspen, Colorado or even Naples, Florida - nor would we
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necessarily want that. However, Immokalee has strengths, assets and
opportunities with which to build upon in order to attract citizens to the area.
Services and natural amenities, strong schools and welcoming neighbors are but
a few of the noteworthy resources that Immokalee possesses. Lake Trafford,
Roberts Ranch, the Immokalee Regional Airport, the Seminole Gaming Center
and neighboring preserves and sanctuaries are a few of the prominent attractions
and assets to the area.
Immokalee schools are part of the District School Board of Collier County.
Collier County Schools:
. The district is a Standard-Bearer School District, one of just 35 in the
nation. The Standard-Bearer framework keeps the district focused on
"core business," providing authentically engaging, high-content work for
students.
. The district has 40 schools, including two charter schools.
. The district employs approximately 2,400 teachers.
. Thirty-eight percent of the educators hold advanced degrees.
. Teachers are among the best paid in Florida, consistently ranking in the
top five districts in the state.
. Forty-seven teachers have attained the prestigious rank of National Board
Certified Teacher.
. Last year, the district received help from 6,700 volunteers who donated
166,000 hours to the students and the schools.
. The district requires, and pays for, all 8th and 9th grade students to take the
Preliminary Scholastic Aptitude Test (PSAT).
. Participation in the Advanced Placement (AP) program increased
dramatically last year. A total of 1,113 students took 1,903 AP exams
compared to 873 students taking 1 ,402 exams the previous year.
. Last year's 1,814 graduating seniors received nearly $16 million in
scholarship funding.
. All schools in the district maintain an average of approximately one
computer per five students with more than 13,000 networked computers
districtwide.
Many people desire to live in a community where citizens know and care about
one another. In fact, a survey by the Center for Rural Affairs on happiness and
life satisfaction suggests the factor most strongly correlated with satisfaction is
regular contact with a network of friends - community.
Communities that create open spaces for people to meet and interact are more
likely to attract and keep families and businesses than those that do not. It is
especially true for native sons and daughters who have experience living in the
community.
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Immokalee has a wonderlul advantage with its access to nature and unique
environment. In the near future, access to isolated and/or uninhabited natural
land will be increasingly hard to find and a valuable asset for the community.
In addition to residential development, access to a quality environment also
provides a base for tourism-related businesses like bed-and-breakfasts, water-
related activities and guest ranches. Farm and ranch communities like
Immokalee have a natural advantage in this area.
)
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Assisting Future Residential Development
The Immokalee Housing Survey will assist in gathering data and other
information regarding the current housing situation in Immokalee. The purpose
of the Immokalee Housing Survey project is to determine the condition of exterior
features of residential structures and property, open-space and sanitation. The
data will then be utilized to develop neighborhood revitalization strategies and
identify potential code enforcement activities.
County staff, in cooperation with the University of Florida Shimberg Centre for
Affordable Housing, is analyzing housing and demographic data for the
Immokalee area in an effort to better predict and produce important housing
information specific to the area. Residents and current and prospective
businesses could benefit from this information.
Strategies
Staff recommends considering one or more of these strategies regarding
residential housing development in Immokalee:
. Expand and improve the neighborhood infrastructure.
. Promote new housing infill on vacant lots.
. Modify, as necessary, existing land development regulations.
. Increase code enforcement.
. Promote residential properties and/or neighborhoods to developers and
new residents on a regional or national level.
. Expand and continue to target housing programs and subsidy assistance.
. Endorse and encourage affordable housing opportunities.
. Explore the possibility of higher densities, where applicable.
// -,.. ./ //
Census 2000 demographic data for the Immokalee COP
Population:
Male:
Female:
19,763
56.4%
43.6%
Housing Units: 4,987
Median age: 24.7
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1.5 (in part): Brief Assessment of Successes & Shortcomings - Immokalee Area
Master Plan Element
Agenda Item #3.a.
A. Introduction & Background:
The Immokalee Area Master Plan (GGAMP) is an "optional element," under Section
163.3177(7), Florida Statutes. As such, there are no specific criteria to guide the format
and purposes of this Element. The Immokalee Area Master Plan was originally
developed, as mandated by (1988) Policy 6.4 of the Future Land Use Element of the
Collier County Growth Management Plan. The original policy stated:
"A detailed Sector Plan for the Immokalee Community shall be developed and
incorporated into this Growth Management Plan by August 1990. The Sector Plan shall
address Natural Resources, Future Land Use, Public Facilities, Housing, Urban Design,
Land Development Regulations and other considerations. Major purposes of the Sector
Plan shall be coordination of land use and transportation planning, redevelopment,
renewal of blighted areas and elimination of land use inconsistent with the community's
character. "
The current version of this Policy is contained in the Future Land Use Element as Policy
4.2. It reads as follows:
"A detailed Master Plan for Immokalee has been developed and was incorporated into
this Growth Management Plan in February, 1991. The Master Plan addresses Natural
Resources, Future Land Use, Public Facilities, Housing, Urban Design, Land
Development Regulations and other considerations. Major purposes of the Master Plan
shall be coordination of land use and transportation planning, redevelopment or renewal
of blighted areas and elimination of land uses inconsistent with the community's
character. "
The 1991 Master Plan:
Work on the first version of the Master Plan began with the appointment of a Technical
Advisory Committee in November 1988. An initial public workshop was held in
February 1989, and subsequent informational workshops were held periodically,
thereafter.
Ultimately, the Technical Advisory Committee (and its sub-committees) held 36 public
meetings, between February 1989 and July 1990. At these meetings the Committee
worked with County staff to develop the language contained in the Master Plan. The
Collier County Board of County Commissioners adopted the Irnmokalee Area Master
1
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Plan, as an element of the County's Growth Management Plan, on February 5, 1991. The
flIst set of amendments to the plan, involving changes to both the text and the Immokalee
Future Land Use Map, were adopted in 1993.
The 1997 EAR-Based Amendments:
In 1996, based upon recommendations contained in Collier County's adopted Evaluation
and Appraisal Report (EAR), staff initiated amendments to the Immokalee Area Master
Plan. Unlike the 1988 - 1991 process, the process initiated in 1996 did not involve an
advisory committee specific to the Immokalee Area. Instead, the proposed lAMP
amendments were formulated and reviewed by staff, aided by an Evaluation & Appraisal
Report Advisory Committee, which also helped staff formulate and review amendments
to other Elements of the Growth Management Plan.
The EAR-based amendments affected virtually the entire Immokalee Area Master Plan,
including the Irnrnokalee Area Future Land Use Map. Various subdistrict boundaries
were revised and two new subdistricts were created. Based upon the EAR
recommendations, in October of 1997, the Board of County Commissioners adopted an
Ordinance enacting the revised Master Plan.
The Immokalee Area Master Plan Restudy Amendments. 2003 - 2004 (Ongoing):
On April 29, 2003, the Board of County Commissioners directed the restudy of the
Immokalee Area Master Plan as part of the second Evaluation and Appraisal Report
(EAR) of the Collier County Growth Management Plan (GMP). In July of 2003 the
Board of County Commissioners approved the creation of an ad hoc advisory committee
to aid staff in the evaluation and amendment process for the Immokalee Area Master Plan
(lAMP). The first meeting of the Immokalee Area Master Plan Ad Hoc Committee was
held on August 28, 2003. The meeting and amendment process is ongoing. The
Committee will serve until July of 2004, and if necessary may be reappointed for another
year.
B. Identification of Specific Goals, Objectives & Policies from the Immokalee
Area Master Plan:
The current Immokalee Area Master Plan is included within this Evaluation & Appraisal
Report packet. For the purposes of this section of the EAR, it is only necessary to
include a brief outline of the lAMP.
Originally, the lAMP included Introduction and Overview Sections for the Plan.
However, the 1997 EAR-based amendments deleted these sections in favor of an
expanded Implementation Strategy (Goals, Objectives and Policies, as well as Future
Land Use Designations). As part of the current EAR, staff is recommending the
restoration of an introductory section, coupled with either an Overview Section or auStatement of Purpose.
2
The Implementation Strategy:
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This section places the Plan into effect. Strategies have been developed to address
population estimates, land use, housing, conservation, recreation, transportation, and
economic enhancement of the community. The Future Land Use Designation Section is
included within Goal II (Land Use). The Implementation Strategy also includes the
Goals, Objectives, and Policies, and the Immokalee Area Future Land Use Map.
The Support Document:
This section outlines data and information used to develop the implementation strategy
and the Goals, Objectives, and Policies. The Support Document follows a specific format
that includes the following sub-sections:
A. Introduction
B. History of Irnrnokalee
C. Demographics
D. Land Use - Existing and Future
E. Natural Resources
F. Public Facilities
G. Appendices (currently five separate appendices)
Format:
Unlike the Golden Gate Area Master Plan (see section of this report), the Irnmokalee
Area Master Plan was initially conceived as a miniature comprehensive plan. Although
the Master Plan emphasizes Future Land Use Designations, the Goals, Objectives and
Policies are also concerned with a number of issues not directly related to land use.
Recommendation:
The current lAMP contains seven Goals, with their accompanying Objectives and
Policies. Goal Area II currently contains the Land Use Designation Section. As part
of the proposed EAR-based amendments, staff is recommending that this Section be
relocated to immediately follow the Goals, Objectives and Policies. This format
would be similar to that used within the Future Land Use Element and the Golden
Gate Area Master Plan.
Recommendation:
The Goal numbering system used within the Immokalee Area Master Plan use
Roman Numerals to denote the Goals. This system dates back to the 1989 Growth
Management Plan (GMP) and is no longer used in the majority of the County's
GMP Elements and sub-elements. Therefore, staff will be recommending (in the
EAR-based amendments) that the lAMP's numbering system be reformatted for
consistency with the rest of the GMP.
3
Recommendation:
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Staff also notes that, although there are seven goal areas within the Immokalee Area
Master Plan, the last Goal is denoted as VIII. This misnumbering was apparently a
result of the 1997 EAR-based Amendments and was never corrected. Staff
recommends that this Goal be changed to #7 as part of the upcoming EAR-based
amendments.
Specific Goals, Objectives and Policies:
Current Goal I, POPULATION, reads as follows:
"TO MAINTAIN A HIGH QUALITY OF POPULATION ESTIMATES THAT
EMPLOY AN APPROPRIATE MIX OF CENSUS METHODOLOGIES
CONSISTENT WITH FLORIDA STATE PLANNING REQUIREMENTS AND
THE UNIQUE NEEDS OF THE IMMOKALEE COMMUNITY."
This Goal contains Objectives and Policies that outline the methodology for establishing
and maintaining demographic information relative to the Irnrnokalee Area Master Plan.
Within this Goal Area there is one Objective and two Policies. Objective 11 requires the
preparation of annual population and housing projections for the Immokalee Area.
Policy 1.1.1 relates the annual demographic projections two adequate housing and public
facility Levels of Service (LOS). Policy 1.1.2 lists entities that County staff may gather
demographic information from.
Recommendation:
In regard to demographics, County Comprehensive Planning staff employs a
standardized methodology to develop annual demographic projections for all areas
of Collier County, including Immokalee. This analysis is more sophisticated than
guidelines contained within the two policies described above. Therefore staff is
recommending that the Ear-based amendments to the lAMP include deletion of this
Goal Area.
Goal II of the IAMP deals with land use issues. This Goal Area contains the description
of the Plan's Future Land Use Designations. As part of staffs recommendations
regarding the IAMP, we are recommending that this section be moved to a completely
separate section of the Element. Additionally, if current Goal I is deleted, the current
Goal II would become Goal I. Goal II reads as follows:
"ENHANCE IMMOKALEE'S QUALITY OF LIFE, NATURAL BEAUTY,
ENVIRONMENTAL QUALITY AND SMALL-TOWN CHARACTER, ITS
STABLE NEIGHBORHOODS, AND ITS STATUS AS THE URBAN HUB FOR
THE SURROUNDING AGRICULTURAL REGION."
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The Immokalee Area Master Plan Ad Hoc Committee has recommended changing the
text of Goal IT to reflect economic diversification issues pertinent to the area. The
proposed revised text is as follows:
"ENHANCE IMMOKALEE'S QUALITY OF LIFE, NATURAL BEAUTY,
ENVIRONMENTAL QUALITY~ AND SMALL-TOWN CHARACTER, ITS
STABLE NEIGHBORHOODS, AND ITS STATUS AS THE URBAN HUB FOR
THE SURROUNDING AGRICULTURAL REGION. ITS ENCOURAGEMENT
OF TOURISM. AND USE OF THE IMMOKALEE AIRPORT'S PORT-OF-
ENTRY STATUS."
There are five Objectives (with their accompanying Policies) in this Goal Area.
Objective IT.I also includes the Land Use Designation Section. Objective II.! requires
new land uses in Immokalee to be consistent with the Land Use Designations contained
on the Immokalee Area Future Land Use Map. Policy II. I. I is the list of Future Land
Use Designations for the Immokalee Future Land Use Map and Land Use Designation
Section. Policy IT.I.2 relates future development in Immokalee to the County's Adequate
Public Facilities Ordinance. Policy 11.1.3 requires vegetative or open space buffers or
berms between low intensity and high intensity land uses. Policy IT.IA requires certain
types of land uses to be located within a reasonable walking distance of residential areas.
Policy II.I.5 allows continuance of agricultural activities within the hnmokalee Urban
Area.
Recommendation:
Policy 11.1.6 requires preparation of a zoning overlay for the South Immokalee
Redevelopment Area. With regard to this last policy, it appears to be outdated. The
whole Immokalee Community is currently a designated redevelopment area.
Therefore staff will recommend that the EAR-based amendments delete Policy
11.1.6.
The Land Use Designation Section follows Policy II.I.6. This Section divides the
Immokalee Area, via the Future Land Use Map, into three overall designations:
Residential, Commercial and Industrial. There is also a subsection regarding Overlays
and Special Features. Regarding the Residential Designation, the Plan states:
"This designation is intended to accommodate a variety of residential land uses including
single-family, duplexes, multi-family, and mobile homes, which does not preclude
seasonal, temporary and migrant farmworker housing."
There are three Districts within the Residential Designation. These are:
Low Residential District: The purpose of this designation is to provide for a low-
density residential district. The maximum allowable density is 4 units per acre.
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Mixed Residential District: The purpose of this designation is to provide for a mixture
of housing types within medium density residential areas. The maximum allowable
density is 6 units per acre.
High Residential District: The purpose of this designation is to provide for a district
of high-density residential development. The unit types within this District are limited
solely to multi-family structures. The maximum allowable density is 8 units per acre.
Both the Low Residential District and the Mixed Residential District allow mobile
homes, as these units form a significant percentage of the housing stock in Irnmokalee.
All three residential districts allow certain non-residential uses, including parks, open
space and recreational uses, churches, libraries, cemeteries, public and private schools,
day-care centers and essential services as defined in the Collier County Land
Development Code.
The Residential Designation is followed by a description of the County's Density Rating
System, as it applies to the Immokalee Area. In the lAMP, the system is limited to
Density Bonuses. This system allows a residential project, or the residential portion of a
mixed-use project, to request increased residential density (i.e., the number of units
allowed per acre) if the project meets certain criteria. There are four density bonus
provisions. A project may be eligible for any number or combination of these bonuses
(or not). The four bonus provisions are:
Proximity to Neighborhood Center and Commerce
For a discussion of Neighborhood Centers and the Commerce Center Mixed-Use District,
see below. If 50% or more of a project is within a Neighborhood Center or the
Commerce Center-Mixed Use District, then the maximum density allowed within the
Neighborhood Center or Commerce Center-Mixed Use District of twelve (12) units per
acre can be averaged in with the density of the portion of the project outside of the
Neighborhood Center for the entire project.
AtTordable Housing
Provision of Affordable Housing as defined in the Housing Element would add eight (8)
dwelling units per gross acre above the maximum density of the district; however, no
density may exceed sixteen (16) units per acre. Sixteen (16) units per acre is the
maximum allowable density within Collier County's Urban Areas.
Residential In-Fill
To encourage residential in-fill, three (3) residential dwelling units per gross acre may be
added if the following criteria are met: the project is ten (10) acres or less in size; at the
time of development, the project will be served by central public water and sewer; at least
one abutting property is developed; the project is compatible with surrounding land uses;
the property in question has no common site development plan with adjacent property;
there is no common ownership with any adjacent parcels; and the parcel in question was
6
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not created to take advantage of the in-fill residential density bonus and was created prior
to the adoption of this provision in the Growth Management Plan on January 10, 1989.
Roadway Access
If the project has direct access to two (2) or more arterial or collector roads or if there is
project commitment for provision of interconnection of roads with existing or future
adjacent projects, one (1) residential dwelling unit per gross acre may be added above the
maximum density of the surrounding district.
The above provisions are followed by a discussion of Density and Intensity Blending.
This is a new section of the Immokalee Area Master Plan, resulting from creation of the
Rural Lands Stewardship Area Overlay (RLSA Overlay) in the Countywide Future Land
Use Element (FLUE). If a residential project includes portions of the RLSA and certain
specific portions of the Immokalee Urban Area, it may be eligible to blend the residential
density and/or commercial intensity allowed within the RLSA with the same parameters
as allowed in the Urban Area. This provision allows RLSA credits to be utilized to
support development within Immokalee. For further discussion of the RLSA, please see
the analysis of the Future Land Use Element, as contained in this report.
The Density and Intensity Blending provision is followed by discussion of the
Commercial Designation. This designation is described as follows:
"The designation is intended to accommodate a variety of commercial land uses
including neighborhood oriented commercial uses, commerce center uses, general
highway commercial and commercial development within Planned Unit Developments.
Migrant Labor Camps are also permitted within the Commercial designations."
There are four (4) districts within the Commercial Designation. These are:
Commercial District
The purpose of this designation is to provide for retail, office, transient lodging facilities
and highway commercial that serve the needs of the traveling public generally C-l
through C-4 Commercial Zoning Districts as identified in the Land Development Code.
These commercial uses must be located on a major arterial or collector roadway.
Neighborhood Center District
The purpose of this land use classification is to provide for centers of activity that serve
the needs of the surrounding neighborhoods. The centers should contain a mix of
neighborhood-oriented uses such as day care center, parks, schools, and governmental
activities. Specific criteria apply to the uses allowed within this District.
7
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Commerce Center - Mixed Use District
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The purpose of this designation is to create a major activity center that services the entire
Irnrnokalee Urban Designated Area and surrounding agricultural area. Accordingly only
one such area is displayed on the Future land Use Map. The Mixed-Use District shall
function as an employment center and shall encourage commercial and institutional uses.
Uses permitted within this Subdistrict shall include shopping center, governmental
institutions, middle or high school, Community Park and other employment generating
uses. Other permitted commercial uses shall include transient lodging facilities at 26
dwelling units per acre. The appropriate zoning districts include C-l through C-4 as
identified in the Land Development Code.
Planned Unit Development Commercial District
This designation permits commercial planned unit developments (PUDs) within
Irnrnokalee, provided that certain size and development criteria are met.
ResidentiallTourist District
This District was created as part of an amendment adopted in 2003. The purpose of this
District is to provide centers for recreational and tourism activity that utilizes the natural
environment as the main attraction. The centers should contain low intensity uses that
attract tourists and residents while preserving the environmental features of the area. Uses
permitted in this district include: passive parks, nature preserves; wildlife sanctuaries;
open space; museums; cultural facilities; marinas; transient lodging facilities including:
hotel/motel, rental cabins, bed & breakfast establishments, campsites, restaurants;
recreational vehicles; sporting and recreational camps; low-intensity retail; single family
homes; agriculture; and those essential services as defined in the Land Development
Code. Geographically, this District includes the northwest shoreline of Lake Trafford,
including the existing Lake Trafford Marina.
Except for the Commercial District, the Commercial Designation allows residential
development, subject to specific criteria for each District. The Designation also allows
non-commercial and non-residential uses, such as parks, open space and recreational
uses, churches, libraries, cemeteries, public and private schools, day-care centers and
those essential services as defined in the Land Development Code.
The Industrial Designation is intended to accommodate a variety of industrial land uses
such as Industrial, Commerce Center - Industrial, and Business Parks. There are three
districts within this designation.
Industrial District
The purpose of this designation is to provide industrial type uses including those uses
related to light manufacturing, processing, storage and warehousing, wholesaling,
distribution, packing houses, recycling, high technology, laboratories, assembly, storage,
computer and data processing, business services, limit commercial such as child care
8
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centers, and restaurants and other basic industrial uses but not including retail, as
described in the Land Development Code for the Industrial and Business Park Zoning
Districts. Accessory uses and structures customarily associated with the uses permitted in
this district, including offices, retail sales, and structures, which are customarily
accessory and clearly incidental and subordinate to permitted principal uses and
structures are also permitted.
Commerce Center - Industrial District
This District includes the portion of the Immokalee Core Area located adjacent to the
southwest corner of the Immokalee Airport property, as well as a portion of the Airport
property, itself. The purpose of this District is to create a major Activity Center that
serves the entire Irnrnokalee Urban Designated Area and surrounding agricultural area.
The Industrial District shall function as an employment center and shall encourage
industrial and commercial uses as described in the Land Development Code for the
Commercial (C-1 through C-5), Industrial and Business Park Zoning Districts. Higher
intensity commercial uses including packinghouses, industrial fabrication operation and
warehouses shall be permitted within this District. Accessory uses and structures
customarily associated with the uses permitted in this district, including offices, retail
sales, and structures, which are customarily accessory and clearly incidental and
subordinate to, permitted principal uses and structures are also permitted.
Business Park District
Business Parks are intended to include a mix of industrial uses and offices designed in an
attractive park-like environment with low structural density where building coverage
ranges between 25% to 45% and where large landscaped areas provide for buffering and
enjoyment by the employees and patrons of the Park. The District also contains specific
land use and access criteria.
The Industrial Designation does not permit residential development. It does permit
commercial uses, subject to specific criteria for each District. Finally, the designation
also allows essential services.
Recommendation:
The Immokalee Area Master Plan Land Use Designation Description section also
contains a subsection dealing with Overlays and Special Features. Currently, the
subsection includes one overlay; the Urban InfiIl and Redevelopment Overlay. This
Overlay includes the entire Immokalee Urban Area and essentially recognizes the
existence of the Immokalee Community Redevelopment Area Designation. This
Overlay has no regulatory effect. As part of this EAR Report, staff is
recommending that this Overlay be replaced with a new Overlay containing
development criteria and/or incentives concerning redevelopment in the Immokalee
Area.
9
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Recommendation:
The current format of the Immokalee Area Master Plan follows the Land Uses
Designation Section with more Goals, Objectives and Policies. Specifically, Goal II
continues with Objective 11.2. This objective refers to the now defunct "Main Street
Program" in Immokalee, and requires that the appearance of commercial buildings
in the Main Street Program Area be improved by 10%, with a target date of 2005.
Staff is recommending that this Objective be rewritten to reflect current conditions,
including the expiration of the Main Street Program.
Recommendation:
Policy 11.2.1 refers to the "Building Immokalee Together Program." ''Building
Immokalee Together" was the name given to the successful application for creation
of Immokalee's current Federal Enterprise Zone Designation. Therefore, staff
recommends that this policy be revised to refer to the Enterprise Zone.
Recommendation:
Policy 11.2.2 requires County staff to investigate alternative funding for the two
referenced community programs. Since the Main Street Program is defunct and the
Enterprise Zone Program is an independent, not-for-profit entity, staff recommends
that this policy be deleted.
Objective II.3 requires the County to "Encourage innovative approaches in urban and
project design, which enhance both the environment and the visual appeal of
Immokalee," There are two policies within this Objective.
Recommendation:
Policy 11.3.1 requires County staff to identify alternative funding sources for
streetscaping and pedestrian/bicycle activities. The policy has a target date of 1998.
As part of the EAR-based amendments, staff recommends that this policy be
updated.
Policy II.3.2 allows the Board of County Commissioners to direct staff to amend the
IAMP to enable development of projects that clearly benefit low and moderate-income
residents of Immokalee.
Objecti ve II.4 requires that the lAMP "provide land use designations, criteria and zoning
which recognize the needs of that significant portion of Immokalee's population which is
primarily pedestrian in nature."
Recommendation:
Within this Objective is Policy 11.4.1, which requires completion of a Bicycle and
Pedestrian Plan consistent with the goals of the Building Immokalee Together
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Project and the Main Street Project. Staff recommends rewriting this policy to
delete reference to the two programs and to reflect specific criteria for a Bicycle and
Pedestrian Plan.
Objective II.5 requires farm labor housing in Immokalee to comply with section 100-25
of the Florida Administrative Code, as well as applicable portions of the County Codes.
Within this Objective are two policies. Policy II.5.1 allows seasonal worker housing
within any Land Use District that allows residential uses. Policy ll.5.2 allows farm labor
camps within commercial districts, subject to certain criteria.
Goal III of the Irnmokalee Area Master Plan is concerned with housing within the
Irnmokalee Urban Area. It reads as follows:
"CREA TE AN ENVIRONMENT WITHIN WHICH ALL WORKING, DISABLED
AND RETIRED RESIDENTS, AND THEIR IMMEDIATE RESIDENT
FAMILIES, WILL HAVE A REASONABLE OPPORTUNITY TO PROCURE
SAFE, HEALTHFUL, AND AFFORDABLE HOUSING CONSISTENT WITH
THE DESIRED DEVELOPMENT CHARACTER OF THE AREA AS
IDENTIFIED IN THE IMMOKALEE MASTER PLAN."
Goal III contains two Objectives. Objective m.I is a commitment by the County to
"promote the conservation and rehabilitation of housing in Immokalee neighborhoods."
This Objective contains two policies. Policy III. 1. 1 requires that expansion of urban
facilities and services "should enhance or maintain the viability of existing urban
residential areas." Policy III.1.2 requires the County to use a combination of code
enforcement and capital improvements to remove blighted conditions from the
Community.
Objecti ve III.2 requires the County to reduce the cost of housing development for low
and very-low income Immokalee residents through the development of County
initiati ves. This Objective has one policy. Policy III.2.1 requires the County to "pursue
research into initiatives as land banking of foreclosed land due to County held liens, land
grants from County and other public holdings, as well as tax incentives for private
owners who commit to development for affordable housing for very low and low income
families."
Recommendation:
With regard to Objective III.2 and Policy 111.2.1, in 2003 the Board of County
Commissioners approved a countywide economic incentives package, with specific
incentives for the Immokalee Area. Staff recommends that the above Objective and
Policy be updated to reflect the Immokalee incentives package.
11
Recommendation:
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Objective 111.3 requires that the County establish programs and regulatory reforms
designed to reduce development and maintenance costs for affordable housing in
Immokalee. The Objective has a target date of 1998. Staff recommends that this
Objective be updated with a revised date.
This Objective has five (5) policies.
Recommendation:
Policy 111.3.1 requires Community Development Services staff to develop two pre-
approved housing plans (as in blueprints, building plans, etc.) by 1997. This policy
has not been accomplished. Rather, the County's Financial Administration &
Housing Department has worked with non-profit agencies and affordable housing
developers to actually fund and construct affordable housing in the Immokalee
Area. Staff is recommending that this policy be deleted.
Recommendation:
Policy 111.3.2 requires the County Attorney's Office to conduct research into
providing two years of property tax deferrals and special assessment charges for
new apartments constructed for low and very-low income renters. The policy's
target date is September 1997. This research activity has not occurred. However,
the County has recently approved an economic incentive package that defers impact
fees, or provides for reduced taxes for eligible affordable units. Staff recommends
that this policy be revised to reflect the incentives program.
Recommendation:
Policy 111.3.3 requires County staff to develop a networking strategy to place
affordable housing developers in contact with potential residents. This activity is
ongoing. The policy needs to be updated to reflect changes to County Agency
Names.
Policy III.3A concerns the demolition or alleviation of unsafe housing through Code
Enforcement Action. This activity has been ongoing for approximately three years. For
more on this program, please see the Major Issues Section.
Policy lII.3.5 requires County staff to "research and develop strategies to replace and
provide affordable housing through non-profit providers in and around the South
Irnmokalee area that is compatible with the Redevelopment Plan." In this regard, the
South lmmokalee Redevelopment Area was absorbed into a larger redevelopment area
that includes the whole community. However, the County does maintain agreements
with non-profit housing entities in the Immokalee Area. The Financial Administration &
Housing Department has partnered with the Empowerment Alliance of Southwest Florida
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(Urban Infill grant, CDBG, state HOME & SHIP) to build 26 affordable housing units in
the South Immokalee Area. An upcoming Housing stock inventory survey will also
provide data that is necessary to upgrade and/or replace current housing stock. This data
will be used in the Consolidated Plan (CDBG & HOME) for housing strategies.
Objecti ve IliA requires the County to make "an annual effort to coordinate with federal,
state, local, and private agencies to seek funding to meet the housing needs as identified
in the Housing Element of the Comprehensive Plan and to assure consistency with
federal, state, and local regulations in regards to migrant land camps." There are four (4)
policies within this Objective.
Policy 11104.1 requires County Housing staff to meet with representatives of the Federal
Rural Economic Development Administration "to improve the County's ability to attract
more government grants and loans to develop housing for very low and low-income
households." Policy 111.4.2 requires the County to revise the Collier County Land
Development Code (LDC) to adopt health codes relative to migrant camps. The target
date for this policy is 1998. Policy 11104.3 requires the County Manager to prepare an
annual report on conditions in migrant camps. To staff knowledge this has never been
done. Policy 111.4.4 requires County staff to work with "all private groups seeking to
furnish shelters for the homeless, and/or abused women and children in Immokalee."
This acti vity is ongoing.
Recommendation:
As part of the EAR-based amendments, Comprehensive Planning statT will work
with the staff of the Financial Administration & Housing Department to completely
update and revise the above Objective and policies to reflect current programs and
conditions.
Goal IV of the Immokalee Area Master Plan IS concerned with Issues of Natural
Resource Conservation. It reads as follows:
"THE COUNTY SHALL CONTINUE TO PLAN FOR THE PROTECTION,
CONSERV ATION, MANAGEMENT OF ITS NATURAL RESOURCES AS
DICT A TED IN THE GROWTH MANAGEMENT PLAN."
Objective IV.I requires the protection and preservation of natural resources within the
designated Immokalee Urban Area. The Objective has one (1) policy. Policy N.1.1
requires a periodic update of the lAMP, to keep pace with new programs and provisions
contained in the Conservation and Coastal Management Element. To staff knowledge,
the lAMP has not been previously revised for this purpose.
Recommendation:
This Goal and Objective should be completely revised to reflect conservation and
preservation activities within the Immokalee Area Master Plan Area.
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Goal V deals with recreation and open space and reads as follows:
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"PROVIDE AMPLE HIGH QUALITY AND DIVERSE RECREATIONAL
OPPORTUNITIES TYPICALLY PROVIDED BY THE PUBLIC IN A
COMMUNITY THE SIZE OF IMMOKALEE, FOR ALL IMMOKALEE
CITIZENS IN A COST EFFICIENT MANNER."
This Goal contains one Objective. Objective V.I requires the County to implement a
parks and recreation program for Immokalee, equivalent to programs offered to other
portions of the County. This has been done.
Recommendation:
Policy V.I.l requires the creation of a five-year park plan for the Immokalee Area.
The target date is 1998. County Parks & Recreation Department staff implements a
countywide park and recreation program, which includes the Immokalee Area.
Therefore, staff recommends that this policy be revised to require that the
countywide plan address the specific needs of the Immokalee Area and to reflect a
new target date.
Recommendation:
Policy V.1.2 encourages park location within designated Neighborhood Centers.
There are five existing Neighborhood Centers, none of which contain a park.
However, two of the designated Centers contain recreational facilities associated
with public schools. The Collier County Parks & Recreation Department maintains
public recreational activities at these schools, through an interlocal agreement with
the School District. Staff recommends that this policy be revised to reflect the
overall need for more parks and recreation programs in Immokalee, and not focus
on Neighborhood Centers.
Goal VI deals with the future transportation needs of Immokalee. It reads as follows:
"THE FUTURE LAND USE PATTERN SHALL BE SUPPORTED BY A
NETWORK OF ROADS, PEDESTRIAN WAYS, AND BIKEWAYS THAT
MAINTAINS IMMOKALEE'S SMALL-TOWN CHARACTER, YET ACIDEVES
EFFICIENT AND SAFE TRAFFIC MOVEMENT."
This Goal contains one Objective: Objective VI.I. It requires the safe movement of
pedestrians, and both motorized and non-motorized vehicles. The Objective contains
four policies.
Recommendation:
Policy VI.l.l requires the County Metropolitan Planning Organization (MPO) to
complete a transportation study of Immokalee by September 1999. This policy
indicates that the MPO is part of the Community Development & Environmental
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Services Administration (CDES). However, the MPO has since been moved to the
Transportation Administration. This should be reflected in the Policy. The
Immokalee Area Transportation Study was actually completed in 2002. Therefore,
staff recommends that the study's recommendations be incorporated into this
Policy.
Recommendation:
Policy VI.1.2 requires County staff to revise the Transportation and Capital
Improvement projects to reflect needed road improvements in Immokalee. This has
been done. Therefore, staff recommends that this policy be deleted.
Recommendation:
Policy VI.1.3 requires the County's 5 Year Bicycle Ways Plan to reflect necessary
improvements in Immokalee. The Collier County Pathways Plan has superseded
this plan. Collier County MPO staff and the County's appointed Pathways
Advisory Committee have expressed interest in establishing bicycle and pedestrian
paths within Immokalee. Staff recommends that Policy VI.l.3 be revised to
reference the proposed improvements contained in the Pathways Plan.
Recommendation:
Policy VI.1.4 requires proposed bicycle paths in Immokalee to be depicted on the
Traffic Circulation Map of the Immokalee Area Master Plan. Staff notes that the
Traffic Circulation Map is not part of the adopted Implementation Section of the
lAMP. Therefore, it has no legal or planning relevance. Also, the policy references
the 5 Year Bicycle Ways Plan, which is obsolete. The policy should be changed to
reference the Pathways Plan, and to incorporate appropriate recommendations
from that plan.
Goal VIII of the lAMP is concerned with the Immokalee Area's local economy. Staff
has already recommended that this Goal be reformatted to reflect that it is the seventh
(and not the eighth) Goal. It reads as follows:
''ENHANCE AND DIVERSIFY THE LOCAL ECONOMY OF THE
IMMOKALEE COMMUNITY."
This Goal contains one Objective with five policies.
Recommendation:
Objective VIII.l calls for the preparation of an Immokalee Area Economic
Development Plan. The County has recently adopted an Economic Development
Plan, as a new Element of the Growth Management Plan. This Element has been
adopted by the Board of County Commissioners and is currently under State
15
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review. Staff recommends that the above Objective be revised to reflect appropriate
language from the Economic Element.
Recommendation:
Policy VIII.l.l calls for the preparation of a countywide Economic Plan. This has
been done. Staff recommends that this policy be deleted.
Policy VIII.l.2 requires the County to "promote the development of the Irnmokalee
Airport and surrounding commercial and industrial areas as set forth in the Irnmokalee
Airport Master Plan." With regard to this Policy, staffs recommendation is contained in
Section 2.36 of the Evaluation & Appraisal Report.
Recommendation:
Policy VIII.1.3 promotes the designation of the Immokalee Area as a Federal
Enterprise Zone. The target date is 1997. As the Community's Enterprise Zone
designation was successful, staff recommends deletion of this policy.
Recommendation:
Policy VIII.1.4 requires CDES staff and the Collier County Sheriff's Department to
pursue funding opportunities under the Federal "Safe Neighborhoods Act." It also
requires implementation of CPTED (Crime Prevention Through Environmental
Design) principles in Immokalee. Staff does not believe that this policy has been
implemented. Therefore, staff recommends that it be retained.
Recommendation:
Policy VIII.1.5 calls for coordination between County and School District staffs to
ensure that Immokalee residents have access to employment training programs.
This policy is written in a confusing manner and should be rewritten. Otherwise
staff recommends that it be retained.
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Minutes From January 7, 2004. Meeting Of January 21, 2004
Raymond Holland opened the meeting at 8:35 a.m., on January 7,2003. The meeting was held in
the main conference room of the Immokalee Career & Service Center, at 750 South 5th Street,
Immokalee, FL 34143.
la. Roll Call - Committee members present: Leo Rodgers, Clarence Tears, Edward Olesky,
Raymond Holland, Esmeralda Serrata and Floyd Crews. Gary Holloway and Carlos A viles
arrived late. Committee members absent: Fred Thomas and Benny Starling. Staff present:
Glenn Heath, Joe Quinty (Transportation Planning) and Kristy Nimnuan. Others present:
Monica Biondo, Torn Jones, Mike Taylor, Loretta Blanco, Dottie Cook, Denise Blanton, Anita
Jenkins (Wilson Miller, Inc.), Jeff Perry (Wilson Miller, Inc.), Bob Mulhere (RW A, Inc.) and
Bob Soter (Southwest Florida Workforce Development Board, Inc.).
Motion to approve minutes of November 19th, 2003 made by Leo Rodgers and seconded by
Floyd Crews. Passed unanimous.
Motion to approve minutes of December 17th, 2003 made by Esmeralda Serrata and
seconded by Leo Rodgers. Passed unanimous.
Motion to extend the meeting to the next meeting (table the rest of the items) made by
Floyd Crews and seconded by Carlos A viles. Passed unanimous.
-----------------------
TRANSCRIPT
lb. Approval of Agenda -
Mr. Holland: I'm going to assume that everybody got their package, I got mine way ahead. Did
everybody get it ok? Ok, has everybody looked over the agenda? Does anybody have any
additions or changes they'd like to make to the agenda?
Mr. Rodgers: There's one thing on the back with the ad. I figured I'd bring it up here instead of,
I don't know where else to bring it up at. Where it says the, it lists the Irnrnokalee Fire
Commission, Floyd Crews and Leo Rodgers, Floyd Crews and Ski Olesky. I'm an employee of
the district.
Mr. Heath: Ok, I'll fix it.
Mr. Holland: Ok, good. Is there any other housekeeping measures on the agenda? Any staff
announcements?
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Staff Announcements -
Mr. Heath: Yes. Today of course, we'll have a presentation by Jeff Perry and Anita Jenkins of
Wilson Miller on the Rural Lands Stewardship Area and on January 21st at your January 21st
meeting you'll have a presentation from Amy Taylor of Collier County Public Schools on future
school sites within the Irnmokalee area. The remaining of the two Sunshine Law workshops is
coming up on January 14th at 9 a.m. at the County Commission chambers in Naples. We are
trying to get a Sunshine Law workshop for the committee. If we can get it, it will be sometime in
February and will probably be the whole meeting. I guess we've tried to develop new formats for
the minutes to make them easier to go through to make them shorter. Each minute is, each set of
minutes is slightly different so I'll explain as we get to them. And finally today we're going to be
beginning the work on the changes to the urban boundary and the master plan boundary. That's
it.
Mr. Holland: Thank you. I guess did you note that Gary Holloway came in?
Mr. Heath: Oh he carne in?
Id. Minutes of November 19th
Mr. Holland: Ok. Now we're up to approval of minutes for November 19th and as you all recall
last time, we had a lot of discussion about format of the minutes. And they, we decided they'd
have them verbatim and then summarized and they've done that. Do we have a motion for
approval of November 19th?
Mr. Crews: No, I've got, we've got something the matter here. Look on this piece right here that
says, it looks like that.
Mr. Rodgers: It's agenda item 3b.
Mr. Crews: Where it says we have enlarged the urban boundary for Immokalee, we haven't.
Mr. Holland: Ok, now, that's not anything to do with minutes though.
Mr. Crews: It's in the minutes right here. The minutes, you got to go back in the minutes. We
made a motion to look at this, we didn't make a motion to do it.
Mr. Heath: Noted. What page is that on?
Mr. Crews: This is in the handout that carne here.
Mr. Rodgers: Actually the minutes are correct, it's that other thing that doesn't reflect the
minutes. It's page 2, item 2c.
Mr. Holland: In November 19th?
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Mr. Rodgers: In November 19th. The actual minutes are correct, it's just the reflection of what is
stated in the, in determining the urban boundary thing that mistakes what the minutes said.
Mr. Holland: Ok, didn't we actually vote to expand it as long as it didn't interfere with the..
Mr. Crews: No, we voted to look at it some more.
Mr. Holland: That's same as this says.
Mr. Rodgers: We made a motion that the committee recommend creation of a larger master plan
area which may include several urban areas, agriculture areas, conservation areas, activity areas
and other items that the committee discussed.
Mr. Heath: So you want to change that to that you looked at it or you motioned to look at it?
Mr. Rodgers: Well, the actually minutes, I think what Mr. Crews is stating, the minutes itself is
correct.
Mr. Crews: Are more or less correct, but this is incorrect.
Mr. Heath: Ok, how would you like to reword it?
Mr. Holland: Wait a minute, I'm not so sure it's incorrect. Here, Leo said that he recommend
we enlarge it.
Mr. Rodgers: I just said the minutes are not, the minutes are correct.
Mr. Holland: Ok, and then, Floyd wanted it to say we'll enlarge it as long as it doesn't mess up
the Rural Lands Stewardship Area.
Mr. Crews: That's right.
Mr. Rodgers: What he's stating is, I guess, it's not the minutes that are wrong, it's the
background in the EAR document for 3b. It doesn't match the minutes.
Mr. Crews: I think when Wilson Miller gets through, they're going to say that we messed with
that boundary, we're disrupting the integrity of the Eastern Lands. I think whenever they get
through telling us about the Eastern Lands, they're going to say that moving this boundary,
changing this boundary, interrupts the Eastern Lands. It hasn't even gotten through yet.
Mr. Rodgers: That's the urban boundary.
Mr. Crews: The urban boundary, right.
Mr. Rodgers: Not the master plan.
3
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Mr. Crews: Not the master plan but the urban boundary or Irnrnokalee.
Mr. Holland: Well, I think that's consistent with what we're talking about. The recommendation
was to expand if it didn't cause a problem. Now we're going to ??? that caused the problem.
Mr. Rodgers: Not the minutes, it's the other document.
Mr. Crews: But this is the wrong part that comes out of these minutes.
Mr. Holland: Glenn, does it look like to you that we stick in there.
Mr. Heath: I'm still unclear as to where...
Mr. Rodgers: I don't think we have to, I think what I'd like to do is make a motion to accept the
minutes. The minutes are correct. If we have to work on, once we get to 3b, we need to
discuss.. .
Mr. Tears: So are you trying to say "evaluate". In order to evaluate expanding. So change
recommend to evaluate.
Mr. Holland: Ok, so we've got a motion about approving the minutes. Do we have a second?
Mr. Crews: I'll second, those minutes is right.
Mr. Holland: Ok, well good. All in favor say aye. Any opposed? Ok, November 19 minutes are
approved.
Ie. Minutes of December 17th
Mr. Holland: Now we've got to get the December 17th minutes.
Ms. Serrata: I'll make a motion that we approve.
Mr. Holland: Ok, do we have a second?
Mr. Rodgers: Second.
Mr. Holland: Ok, all in favor of approving the December 1 ih minutes. Any opposed? Moving
right along.
Mr. Heath: Who was the second on that?
Mr. Rodgers: I was.
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Mr. Holland: Leo. Ok, now we're up to the presentation area. Glenn, I'll let you introduce the
folks.
2a. Rural Lands Stewardship Area Overlay Presentation
Mr. Heath: With us today are Jeff Perry and Anita Jenkins of Wilson Miller. They were
instrumental on the creation, I guess, or the genesis of the RLSA methodology. And they're
going to show us, hopefully explain to us a little a bit about the RLSA and how it works. And
with that, Jeff and Anita.
Mr. Perry: Thank you Glenn. Appreciate it. Good morning, my name is Jeff Perry, I'm a
planner with Wilson Miller, this is Anita Jenkins, also a planner. Anita is the manager of our
community and regional planning business unit at Wilson Miller, in charge of the overall Rural
Lands Stewardship program and planning practices that we're now going to discuss with you
today. We've been around and you might be interested, there's been a lot of interest in this
particular program, statewide. We've talked to a lot of other communities about this program
and how it works. Some of, to some of you, this may be old and I apologize for anything that is
redundant and you've heard already but for the rest of you we hope that we'll provide you with a
good background for how we got to where we are today, how the system works and how it can be
applied and how it might affect the work that you're doing today.
Ms. Jenkins: And also feel free to interrupt if you have any questions as we're going through.
You know, you don't need to hold your question until the end of the presentation or anything if
there's a particular topic that we're discussing or slide or something that you have a question
about, feel free to ask.
Mr. Perry: We're here for as long as you need us and if you want to keep us all morning long,
that's fine, but we're here for your benefit. We're going to talk a little bit today about the history
of how we got to the, do the rural lands study. The process itself that was actually created and
also we're going to give the current status of the Ave Maria project, which is the basically, the
living case study of the first application of this particular program. The whole thing started back
in 1999 when as a result of a challenge by environmental agencies that Collier County was not
fulfilling it's environmental obligations. Through administrative hearing, administrative law
judge, finally the governor and the cabinet, a final order was issued requiring Collier County to
do certain things. As a result of that, landowners within this area, a portion of the area that was
challenged, 200,000 acres, landowners got together and formed a coalition called Eastern Collier
Property Owners. It is essentially made up of about 6 or so large landowners that basically
control the entire area. The study was done over a period of 3 years and now we have the first
application of the program following the adoption of regulations and the Ave Maria project. The
final order basically said three things, you need to protect environmental resources, you need to
protect and preserve agricultural opportunities in the area, you also need to provide for utilization
of strategic techniques for developing in the future, converting from agricultural lands to other
kinds of development, economic development and the like. Those were basically the 3 interests,
often times which are competing interests in some areas. This is the area we're talking about, it's
200,000 acres, it surrounds the urban area of Irnmokalee, with my laser pointer here. The urban
5
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area of Irnrnokalee is not included within the Rural Lands Stewardship Overlay'area so it's kind
of the hole in the donut if you will. The area's surrounded obviously by the county lines
basically on the west, north and the east by the panther preserve and the Big Cypress area in the
south. Part of the study area, as you know, probably know, is in the area of critical state concern.
We'll talk a little bit more in detail about some of the attributes of the study area. Basically it
was a 5-step process, data gathering, alternative scenario design, testing of the scenarios, the
actual growth management plan amendment process and the supporting land development code
process. We're going to go through each of these particularly for you.
Ms. Jenkins: This presentation we have done around the state at different conferences and things
like that so if you all are familiar with this process and some of you probably attended the
advisory committee meetings that were held as we went through this process and so you
probably, you may be familiar with this, but this was an overall presentation that we have been
doing for state conferences and things like that. So it might be again redundant to you but I think
it's interesting for you to understand this process and understand how it might relate to the
processes that you are going through because as you're going through your EAR update, this was
the result of the last EAR update and the challenge through that process. The first stage that we
did go through was the data gathering stage and in that stage, we had environmental scientists
and Jeff with traffic and all of the planners collecting data, all the data that was necessary for the
entire area and we did field analysis on a grid system we established that had one acre grid cells.
So, we have a GIS database that has the data for each acre grid cell within this entire area. So it's
a very comprehensive and data intensive study and what we found through that study was that
much of the existing data from other sources, including the GAT study, which was an
environmental study done sometime ago that is still used by environmental interests in selecting
land to target for conservation. Much of that data was incorrect and so through the process of
this study, we were able to correct that information and get a accurate, the most accurate data
source that Collier County has for this area now. The next thing that we did, the next step in the
process was the alternative scenario design. And to kind of define a scenario for you, what we
termed a scenario was an alternate future. That's kind of our definition of a scenario, what is an
alternate future that we may see for this area. So we developed these alternative scenarios and
we used the advisory committee to help us move through that alternative scenarios. And all of
the scenarios were tested and designed around that final order that said that we had to discourage
urban sprawl, we had to protect natural resources and preserve agriculture operation. So all of
the scenarios that we were designing and then tested were designed around that final order and
meeting that. And we used different tools and techniques with advisory committee to evaluate
those different scenarios. And this is one of the tools or, one of the tools that we used for the
advisory committee was this matrix that you see here and what it shows is that of all of the
different tools or techniques that we could use, how would we meet the objective that the final
order if we use this technique. And we found that we looked at different scenarios that would
use only private incentives, we looked at scenarios that would use public incentives and public
funding and then we looked at the scenarios with refinement. The scenario that was selected by
the advisory committee as the one that met the test, the final order and would best suit the final
order was the one that we found to be an incentive driven program and that was finally termed
the rural lands stewardship program.
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Mr. Soter: Could you give us an example of what might be a private incentive versus a public
incentive?
Ms. Jenkins: The private versus public for instance was funding. If you have conservation
funds, public conservation funds, that would be one tool to preserve natural resources so that a
public entity would actually go out and purchase that land. A private incentive would be, what
incentives could we develop that would encourage that property owner to protect those natural
resources rather than actual, you know public funds being used to protect that natural resource.
The third step was alternative scenario testing and Jeff's going to go through for you now how all
that testing occurred and what we went through for that.
Mr. Perry: The first thing that we realized when we started looking at how to test the different
scenarios that Anita was talking about was the fact that 200,000 acres was going to be pretty
mammoth undertaking to try to test entire 200,000 acres. So what we decided to do was to create
a sort of a surrogate model of the entire area, found an area just to the east of the Irnrnokalee
urban area, this is the urban area boundary here around Immokalee, that's 846 going out towards
Hendry County. We found an area that basically had all the components of the entire area, had
all the different kind of characteristics in land type, had part of the area of critical state concern,
had water management, had farming, citrus and so forth, all of the transportation infrastructure.
It also had, gave us an opportunity to test on a smaller scale basically, all of the individual
characteristics that we wanted to test. And basically, everything was in proportion, it was sort of,
not exactly, but it was pretty close to the same proportions of the entire study area. Basically,
this particular graphic shows a couple of different scenarios that we were working with. The
very first scenario we developed was what we called, ended up calling the baseline, which is sort
of the status quo. If you did absolutely nothing to your regulations, just left it as agricultural
zoning in a rural characteristic in the comprehensive plan, what you get is not unlike perhaps
Golden Gate Estates, where you have 5 acre tracts, a grid system of roadways that people would
take their 100 acres or 200 acres and subdivide into 5 acre tracts and build rural roads and that's
what you would end up with. Essentially, that's what characteristically shown here, this was
essentially in a 25 year time frame, this is the amount of development that would likely occur
given some sort of population growth scenario that was provided by the county. Some of the rest
of the lands would be kept in agricultural, there would be some preserve lands that would
probably be retained simply because it was not good land for development otherwise. We also
developed a couple of other scenarios that look at other kinds of development in terms of how
much preserve would there be or how much agricultural farming there would be. Essentially,
basically what we ended up with beside the baseline scenario was what we really wanted, we
didn't want this with a grid system of roadways taking up land one house every five acres with no
other kind of support services being provided, very similar to Golden Gate Estates. What we
wanted to try and get to was something that provided for agricultural development, compact
community development, residential, mixed use neighborhood commercial, that type of
development. We chose 3 different sizes, villages, hamlets and compact villages, the town which
is a much larger size, which is not shown here. But we ended up with working with 3 different
types of characteristics. But this left, this scenario where you take exactly the same amount of
development shown there and compact it into that, you end up preserving sort of as a byproduct,
the agricultural and the natural resource lands because you're not consuming it with
7
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development. And that's sort of the logic that we tried to get to in order to again, fulfill all 3
obligations of the final order, preserving agriculture lands, protecting natural resources and still
providing for some economic adversity. How we got there and tried to develop a system was to
analyze the characteristics of the land in such a way that we could actually quantify what land
was going to be preserved for natural resources, what land would be best protected for
agricultural and what land would probably be best used and set aside for some sort of economic
development. We end up developing a spreadsheet model, which I'll go through here, this was
later converted to a computerized GIS database system. It made everything work really nice
instead of working on acre by acre basis, you actually do it on the entire 200,000 acres.
Basically, the root of the process breaks down the natural characteristics of every acre of land
within the study area in individual indices. These indices, as you can see here, the overlay
designation, how close it was to an overlay designation, listed species, soil and water, restoration
potential and land use cover, these were the indices that were chosen, recommended by us to the
committee. There were a couple of others that carne in and out of the system, but ultimately, this
is what was finally adopted. Essentially, that within each of these indices, there is a sort of
stratification, or graduation of different values. And each of those stratifications, has a point
value. For instance, listed species is really the easiest one to sort of understand, panther occupied
habitat was considered to be the most important element of a natural resource protection
characteristic. So if you had panther occupied habitat, you get a .8, if your acre had panther
telemetry point for instance, you get .8 value for that particular indices. If it was occupied but
let's say there was no telemetry point there but it was a kind of habitat that was preferred, you get
.5, if there was some other kind of listed species on there, wood storks or something like that you
got a .4, if there was none of it you got O. Same thing was done for soil and water, restoration
potential. The value then was characteristically determined for every acre of land based upon
this sort of hierarchy of economic and natural resource value. The FLUCCS codes, if you're not
familiar with FLUCCS codes and I'll show you a map of those in a moment, really indicates
what kind of land cover is there, whether it's natural, whether it's hardwoods, uplands or
wetlands or farmland, rangeland, whether it's urban commercial development, that type of thing.
And the higher values there were given to the lands that were still naturally vegetated, they were
wetlands or uplands. So every acre of land could be actually rated, given scores for their natural
resources. This is sort of a little graph that shows you the stacking of all of the values and a
particular acre of land would rate about 1.8 or 9 on a scale of about 3.2 would be the maximum
given a certain set of standards. All this was then combined into a GIS database system where all
this data was sort of quantified for every acre of land, all the land use values, the soil values, the
listed species values, the stewardship values. And we ended up with the one acre grid cell
system that we call, affectionately call the X-ray. It actually compiles all of the data together,
adds it all up, scores the individual one acre to it's total value and then shades it a shade of gray
or a shade of color in one instance. The higher the value, the more, the higher the natural
resource index value. This is the entire spending area, urban area of Irnmokalee, which was not
coded in the system. And what we're seeing here is a colorized version of the X-ray. Every one
of these little things right here is a one acre cell. The 3 stewardship areas that carne out of one of
the scenarios were sort of defined as the areas we really wanted to try to identify from a natural
resource protection category status. There are 2 major flow ways, the Okalacoochie(sp?) Slough
and the Camp Keais Strand. The habitat stewardship areas shown here shaded in green are those
areas that are both uplands as well as farmland and rangeland, agricultural lands that are, were
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found to have a high habitat value, water retention areas typically are those areas that are
associated with farm fields naturally preserved areas that are used for water management
function. This shows you those 3 areas in colors, sort of the light blue is the water management,
the dark blue is the flow ways and the greens and then the shades of the color tells you the natural
resource value of that particular area. The second part of the process actually occurs when an
application to designate a stewardship area comes into play. And it involves taking off land uses,
this is the incentive that we were talking about. The way to preserve land is to remove the
potential for it to be used for something you don't want it to be used for. To do that, you give
somebody an incentive, this case we have sort of an exchange, where if you preserve land by
taking away land uses, we will give you credits that you can then use someplace else to develop
land in these small compact areas. In this case we have a hierarchy of the land uses that are
allowed by the agricultural zoning district, residential, general conditional uses, earth mining,
recreation and the agricultural uses. Each of them has a point value and for every layer in here of
uses that a landowner removes from his land and says I will never develop residential on my
land, he gets essentially, 20% of the total value of his credit value. So if he has 100 acres of land
and the total credits are 200 credits and he removes all of the residential land uses from his
property, gives them up, he would get 20% of his credit value that he could then take in credits
and move someplace else for development. And we'll show you as an example how that works.
Obviously if you remove all of the land uses it's 100%, if you remove everything but the
agricultural uses, it's about 60-90% of the entire credit value. That's just another graph that
shows how it might be stacked up.
Ms. Jenkins: The process that Jeff just described and generating those credits are associated with
what we refer to as sending areas. So all of the credits that are generated and then will be applied
in the sending area application and we're going to show you the example of how that works, how
it's working with Ave Maria. But that's really the stewardship sending area process and the
second part of this program and its overlay district is the receiving areas. And in the growth
management plan and in this overlay, what is termed the receiving area or what is a potential
receiving area is illustrated here in the areas that are pink. So what this map has shown and
through the GIS database that we have and through that index system what we have seen is that
the pink areas are those areas with the least amount of natural resource value which would then
be more suitable for development. So it's those pink areas that would really apply to all of the
growth management plan's goals and objectives that apply to the receiving area. Yes?
Ms. Blanton: They're having a hard time identifying what pink.
Mr. Perry: Pink. Everything that's, this is the entire boundary. Everything that's not dark blue,
dark green or light blue. All of this. . .
Mr. Heath: There also is a version of the maps in your handout packet.
Ms. Blanton: Say again please.
Mr. Perry: Everything that is not green, dark blue or light blue. All this is pink, right through
here all the way up through here. The water retention areas are these light blue.
9
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Ms. Jenkins: So with the advisory committee, we went through a process of identifying what the
suitable, where these suitable lands for the receiving areas would be. And we characterized the
appropriate forms of development based on the final order, those developments had to be
compact and they had to be directed away from these areas of natural resource value. This is a
table that is included in the growth management plan overlay and in the land development code
now and it is a, something that when you go through the process of identifying or designating a
receiving area, you have to demonstrate that you actually, the property actually meets the test of
being suitable for receiving areas. These are some of the characteristics that you have to
demonstrate as for designation of a receiving area. The forms of development and again, this is
another thing that is within the growth management plan now and also in the land development
code so any development that will occur in any of that pink area will be in the form of a town, a
village or a hamlet. And what you see here in this table are the characteristics of that
development, so a town would be 1,000 -4,000 acres, it would have to have a mix of uses, both
residential, commercial office, all of those types of uses, it has to be in a compact form with a
integrated transportation system. They have to provide all the utilities that are necessary out
there and they also have to demonstrate through fiscal analysis that is fiscally neutral or positive
to the community so the taxpayers of Collier County are not subsidizing these developments but
they actually have to demonstrate that it is fiscally neutral to Collier County, this development
would be.
Mr. Perry: The interesting thing about the credit transfer process is the, unlike traditional TDR's
or transfer of development rights where you take an acre of land, you have a dwelling unit, you
transfer a dwelling unit someplace else, the system of credits actually entitles with a certain
number of credits, the current rate is 8 credits per acre so if you have 8 credits, you get to entitle
one acre of development. Well that acre of development is then characterized by dismix of uses.
In other words within your combination of acres, you wouldn't just have one but you'd have a
whole bunch of acres of entitlement. You have to provide not only the residential component but
you have to provide the commercial component, the parks and the public facilities and everything
has to be included within that entitled acreage. So it's not just an acre, it's not just a dwelling
unit transfer system like was chosen for the Rural Fringe where you have x number of acres
within the Rural Fringe, you get, you know so many TDR's or development rights, development
units you can transfer someplace else.
Ms. Jenkins: The fourth stage that we went through is one that you all are very familiar with and
working through now and that was the growth management plan amendment. So as we work
through the advisory committee to create this program, do all the data and analysis and
evaluation and select the incentives that we wanted to provide, we had to then compile the goals,
objectives and policies for the growth management plan for this overlay area. And so we have
been through that process and this program did receive unanimous support from the board and it
was adopted back in 2002. But I think what was most satisfying to all of us is that we started out
here in Collier County with a final order that was a product of a challenge from the
environmental community and when we got through this process with the advisory committee
and involving all the stakeholders and involving the environmental community that was
challenging our growth management plan that they were able to then stand up with us at the
Board of County Commissioners and support the program. So I think that that was one of the
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most significant outcomes of this entire program where you can take somebody that is your
adversary and then through this process that, you know very open and engaging process of all
stakeholders that they can then stand up there with you and support the program and you can be
proud of the program and the environmental community is now looking to other areas within the
state to point to this program as a model for protecting natural resources because it doesn't solely
rely on public funds to protect those natural resources. It includes the property owners in giving
them incentives to protect their natural resources that they own. The last phase of this was the
land development code amendment. We've been through the first series of land development
code amendments that actually set up the process of doing a designation for a sending area and a
receiving area and now we are still in the process of adopting the design guidelines and the
baseline conditions that will be part of the receiving areas so those will be adopted in February
finally by the Board of County Commissioners. We want to go through one example for you and
you all are familiar and know of Ave Maria so we just want to show you how this program is
working with this initial application that we have and show you a little bit more detail about the
plan and about the first phase of Ave Maria. The plan that Ave Maria plan includes the two
parts, it includes the sending areas and it includes the receiving areas. And I'm going ask Jeff to
go through the sending areas for you because he can explain in detail how that whole credit
process is working for you and what has been preserved in Collier County as a result of this.
And then we'll talk a little bit more about the receiving areas as well.
Mr. Perry: The sending areas that were chosen initially for the first application to generate
credits to entitle the land that Ave Maria, just to familiarize you, this is where Ave Maria will be
in the pink area, this is the first 2 sending areas within the Camp Keais Strand, this is sending
areas 3 and 4 over here in the Okalacoochie (sp?) Slough. These particular areas were chosen
obviously because of their natural resource index value. The higher the value, the more credits
you get out of it per acre. So these areas because of their proximity to Ave Maria were chosen,
these areas here were chosen for a slightly different reason. This particular area as you'll see has
a lot of panther activity, there was also some panther mortality in this particular area because of
crossing 846 and the thought was that by preserving these areas in stewardship program, it would
sort of open the door for some protection strategies such as maybe underpasses to 846, wildlife
crossings that would facilitate a reduction in the panther mortality. So that particular area, both
sides of 846 was chosen because of its linkage to the panther pattern, travel patterns in that
particular area. This particular area is about 5,200 acres and was chosen because it would
generate enough credits to entitle the original application of 900 acres for the Ave Maria Town
and University. You should be able to see these red lines here. This is areas 3 and 4, this is 846
it bisects it actually.
Mr. Olesky: How far out is that from 29?
Mr. Perry: From 29, it is about 6 miles, 6 or so miles to the edge, the first edge right there. Yes
about 6 miles it looks like. This is just the aerial photograph, shows about 3,000 acres north and
about 1200 acres south. This is what a FLUCCS map looks like, each of those areas are coded
with a FLUCCS code that identifies the type of land cover with a mapping system, every acre of
land within this particular area would have that particular code which would have a certain value
associated with it based on our system. This is the listed species graphic, it shows where those
11
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red dots are panther telemetry points, the yellow ones are the fatalities. Soil maps, very similar to
the FLUCCS codes that identifies the types of soils, the soils was used as a surrogate for
hydrology that there were certain value that could be mapped from a soil standpoint would give
you an indication to a type of hydrology of the area. Restoration potential was the only indices
that is actually left to the later end of the process. All of the others are pre-calibrated and set
early on in the system that adopted. Restoration potential was the one that really is done on a
case-by-case basis. If a landowner presents a good case to the county and says I think I've got
some land here am willing to put in a stewardship sending area, take all my land uses off of it,
either set it aside for restoration potential or even just establish that maybe someday it has some
sort of restoration value to it, I should be able to get some extra credits for that. So there is an
incentive to do that. This particular area was found to, we believe, to, the applicant believes to
have a high restoration potential value because of it's linkages to the existing system, it was
formally there now currently ranked land and pastureland and someday could be restored to
widen this particular area that is part of the Okalacoochie Slough. So if the county agrees, then
there's a few extra bonus credits that would be granted for that particular acreage right there.
This is what the index maps look like for that particular area and again, color coded by flow
ways, the dark blue, habitat stewardship areas here and that's a receiving area, excuse me, a
retention area up there, this is open land or pink land, which could be potentially receiving areas.
The darker the green, the higher the index value so this kind of gives you two different, two
different pictures at the same time. All of this is based on those index values set by the mapping
system. The last step in the process is for the landowner to decide which land use, land use
layers he's willing to give up on his property. What's he willing to turn off, you know to say for
nevermore, I'll never develop any residential, never develop any, not going to mine it, I'm not
going to put any schools on it, I'm not going to do anything like that, not going to disturb it
basically, but I want to continue farming it and I want to farm it with citrus or crops or maybe I
just want to run cattle on it. There's a couple of different agricultural layers there. This
particular landowner chose to preserve for farming activities, these green areas for crop
production and/or citrus production. You'll notice that there's some what I would call
pasturelands or rangelands that have been retained for future cultivation. But all of the brown
areas shown in through here is being set aside for only pastureland, only running cattle, what we
call agricultural 2 uses, the lowest intensity uses. So basically, there would be essentially no
disturbing of that land, he wouldn't be turning it over into crop production. But all this green
land is currently in production or lying ??? or pastureland could be converted to future
agricultural. So again, we've not only preserved from a standpoint of all of this acreage in here
by conservation kinds of strategies, we've also preserved and protected agricultural uses within
the same concept or the same strategies, the second of the 3 final order edicts. This is just a
calculation table to show that you within each area there's a whole series of index values, acres
by index value. The number of credits can be calculated and basically within this particular area
4, which is think is the south side of the, there's about 1200 acres, there's a total credits corning
1,6075, the applicant is only taking down 1,100 credits. There's a certain credit value left on the
land because he didn't remove all of the land uses. He put most of it into conservation strategies
but retained some of it. Could corne back later and give up the rest of the land uses and get the
rest of the credits. So total credit value, there's also some bonus credits. There was some
strategies developed that the committee agreed would be a good idea to sort of kick-start the
program so if a landowner, you don't have to have a receiving area, someplace to use the credits
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yet, you can just simply put your land into stewardship sending areas and retain the credits for
later use. In order to sort of kick-start that program, there is a bonus incentive, early entry bonus
system is what it's called. So there's some credits is someone enters the program within the first
5 years of??? The sending area summary, again we had 5,286 acres within the 4 different
sending areas, it generated a total of 7,878 credits which would entitle 985 acres of receiving
areas within these pink areas.
Ms. Jenkins: The area that's being entitled with the preservation of these sending areas is the
first phase of Ave Maria which is 960 acres and the red rectangle is just the general area, if you
can see those little orange squiggly lines within the red rectangle, that's the actual 960 acres of
the first phase of Ave Maria. Through our application process, we have to demonstrate again all
of the things we talked about. This land that is going to be designated as a receiving area is
suitable for receiving that form of development and it is also we had to go through the process of
demonstrating that it is fiscally neutral to Collier County among many, you know all the traffic
impact statements and all the other things that we have to provide with the receiving area
application. This in itself shows you exactly what you have to provide for a receiving area
application, it's not, it's a process I think that is more comparable, if you're familiar with a DRI
process and everything that you have to demonstrate with a DR!. I think the data and analysis
that you have to demonstrate with a receiving area application is more inline with that process
than with our typical zoning process and our PUD process. With this process, all the things that
you see listed here, the natural resource index assessment, which determines that this is suitable
for development, that there is suitable for development. The impact assessment report assesses
the impacts to utilities, to waste management, to emergency services and all those things that I
know Leo is very familiar with right now . You also have to provide the economic assessment
report and what we refer to as the town plan. The town plan sets forth all the development
design criteria for the plan itself. So it would be similar to a zoning document or a planned unit
development document that sets forth all the development standards so it gives the county
something to measure by as you corne in for the development. Are you meeting the criteria that
was adopted by the Board? So that's the town plan. And there's a credit use and reconciliation
agreement, it's just part of the documentation that the county has to maintain on those records,
where are those sending area credits are corning from and where they're going to, how many's
being used. So the county has a system that has to track all of that. And you have to provide
these agreements within, legal agreements, documents within these applications to demonstrate
that. This is the master plan for the first phase of Ave Maria, the 960 acres. The light blue area
that you see, this is oriented north is to your left.
Mr. Perry: This is Oil Well Road here, Camp Keais Road up there.
Ms. Jenkins: The university in this first phase is approximately 327 acres, the remaining is
associated with the town, all the residential uses, the town center and the town core which has the
primary commercial and office uses and then we have a utility district here as well. Thank you
Jeff, that little area right there which will provide for the water treatment area and other things
that we have to provide with this plan. The town core and the town center is just over 50 acres in
itself and then the remainder being residential uses. One of the unique things and something
that's very exciting for us to be a part of is this whole new town also including a university,
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which is going to have tremendous benefit to the area of Irnmokalee. And if you have had the
benefit of hearing Torn Monaghan or Father Fezio speak about Ave Maria and the benefits and
everything that they hope to achieve with working with Immokalee, it's going to be a significant
benefit to Immokalee itself. And one of the unique things of this whole planning exercise and
this is a very short portion of this presentation, we're about to wrap up here, but the way that the
university itself is being planned and using this grid system that's been established because it
doesn't have a series of roadways that go through it, it's a very pedestrian oriented university. It
has a very tight and compact building footprint plan, so it's very walkable. So this grid system is
being used to help control the building placement and measure setbacks from it. It's just
something that is unique to planning efforts, I think and it's something that we like to share as we
made this presentation to other planning organizations and things like that. And that's why this
is in here but it's something that's unique in the town plan and it's part of the regulatory structure
that's going to be adopted by the board, this grid system. This shows the, how some of the
university buildings will be located and the red dashed line is the grid system so you can kind of
see how it relates to that and this is just straight out of our town plan. The town plan has a good
narrative but it's also very graphic so we, sometimes our challenge is, I think, in writing zoning
documents and regulation is that you have a lot of narrative and very little graphic and then it's
up into interpretations and it gets a little bit confusing. So we tried to take a lot of that confusion
out of this document and make it very clear as to what the intent was by including a lot of
graphics in this town plan. So the university design character that you see here, this is just to
give, you know outside of our community and our knowledge of Ave Maria, it gives other people
kind of an idea of the character of the university itself and the intent of the university to be a
Frank Lloyd Wright architecture and to have very clean spaces and multi-use and functional
accompaniments as well. This is just again, the master plan and to refocus this on the town and
the next slide will show you a little bit more of the town design standards. I think that to kind of
give you a vision of the town design standards and not only for this town but as design guidelines
are being written and going through the adoption process in Collier County, that the design
standards for a town and a village are to be compact and very pedestrian oriented. So I think to
give you a best idea or best vision of what we're really trying to accomplish with that would be a
comparison of old Naples where you have, you know, small lots and buildings set up right to the
street and sidewalks that go into a front door of a shop. And you'd have multi-use buildings,
where you have both retail and office and residential all in one building. But I think just to give
you a vision of a comparison between the urban area and Naples and you know where you have
Pine Ridge and Airport and a power shifter and all the services being provided in that design
versus the design of old Naples where it's more pedestrian oriented. So that just kind of gives
you an idea. One of the other unique features of this and really the landmark, one of the first
landmarks of Ave Maria will be the Oratory. To your left there, would be the university side and
then this Oratory, an ellipse. This is the town core, so this is the portion that's joining the
university and the town center itself with a landmark in the middle. And we believe that as these
new developments corne online that the landmarks would be incentivized to be something of a
landmark and have a significant to them so that's what we're trying to achieve with this. The
town design standards, again, very graphic, this represents all the street designs, which are, again,
different from the suburban street designs that are adopted into the land development code for
Collier County right now, very wide travel lanes and things like that. These are different design
standards that are to encourage pedestrian and walking and things like that, so it's a different
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design standard that we have. And that's just this is not intended to be a representation... this is
what an example of what you should be seeing with any of these developments that would occur
out in this area.
Mr. Perry: Basically the results of the program really satisfy all 3 of the final order
recommendations or edicts, preserving natural resources, I think we talked quite a bit about the
amount of acreage that would ultimately be preserved in this concept in order to get the credits
for entitlement, the agricultural protection which is a byproduct not only of the preservation
concepts but actually the reduction of development area by making it compact, you're not
consuming agricultural land and converting agricultural land for 5 acre development, you're
actually preserving agricultural development not only through generating credits at sending areas,
which may be the case in some instances. But you're actually getting as a byproduct to
preserving agricultural uses by making development occur in compact forms. And also
providing for livable communities. All of the required elements of livable communities are
included in the design standards and town and hamlet and village characteristics, economic
viability of course goes along with that. We think we've really done a pretty comprehensive job
of trying to address all of the elements of the final order. As I said at the very beginning, those 3
elements are frequently competing interests, trying to preserve agricultural and trying to protect
natural resources and trying to give development an opportunity in certain instances and we think
that this particular program has done just that. We also believe that the program has application
in other areas and we're talking to other communities about how this, the concepts of this might
be applied. If you have any specific questions, we'd be happy to answer them for you, address
any comments or concerns.
Mr. Heath: I also want to note that we have here this morning, Bob Mulhere. Bob is a former
county Planning Director, he is also a consultant with RW A, Incorporated. In both of those lives
he's worked on aspects of the RLSA and I'd like to give him comments you might have.
Mr. Perry: Bob is our shepherd.
Mr. Mulhere: First I'd like to say I'm sorry for being late, I made the mistake of going to the
office this morning and had a minor emergency I had to deal with. And then it's been a long time
since I've driven out to Irnrnokalee, I'm not going to make any comments but I can't wait for that
road to be widened. Oh my God. So anyway, I apologize for being a little bit late. I had the
pleasure of seeing this presentation probably now a half a dozen times, Jeff and Anita do a great
job and I'm sure they're very successful on the road with this. The only comments that I could
make would be to reiterate some of what they already said. The whole process has required
everybody to think out of the box quite a bit, to coin probably an overused phrase. We've had to
really expand the process of our usual way of thinking about development and how development
occurs and that hasn't been just for the committee or just for the staff or just for the consultants
but it's gone, you know, beyond that, even to Tallahassee and DCA and places like that. And I
think that as a result we've been very, very fortunate and I just think it's a question of really
fortune and timing that the Ave Maria plan has corne about at this point in time giving us the
opportunity to implement this plan because it's very likely that otherwise it could have been quite
a long time before we saw any implementation and that's what usually happens with these types
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of plans is that there is a lot of time between their adoption and any kind of implementation. So,
it's going to give us a great opportunity to work through this process. As Anita and Jeff
mentioned, the final set of land development codes are going, which include the design standards
and the baseline standards, are going to go to the Board in late January and first hearing early, or
mid February for the second hearing. Once it goes to adopted, then obviously all the pieces of
the puzzle are in place. I guess other than that, I'm here to answer any questions that you may
have as it relates to both this plan and also to some of the concepts or ideas that you're working
with as it relates to the Irnmokalee urban area and the EAR processes as it relates to the
Irnrnokalee Area Master Plan. So I'm sure you may have some specific questions. I understand
you're looking at perhaps expanding or changing the boundaries of the urban area and those are
some considerations you'll have. I think you'll have to think very carefully about how those
potential changes may impact or may enhance or may work with this plan and incorporate into
that the forth corning special district concepts that the landowners are looking at. So those would
be my suggestions. Thank you. Again, I apologize for being late.
'1 ~!
Mr. Heath: Any question?
Mr. Crews: Are you all ready for questions? Glenn has talked about wanting to make an area up
there on the corner of 82 and 29. Is that our job? I would think not, I would think that belongs to
the landowners.
Mr. Perry: Well part of, one of the things through this entire process we resisted actually
designating these future receiving areas.
Mr. Crews: That's right, we had all the little spots somewhere else.
Mr. Perry: Right. The, while the, there was quite frankly, there was a lot of pressure internally
as well as externally to try to designate your, that's what planners do, they plan a city here, a
town there or whatever and it's very difficult to take 200,000 acres and say well, we're going to
allow you.. Essentially, essentially the way the system was sort of calibrated or quantified, if all
works out as we anticipate there would be, wouldn't be any greater amount of development
occurring under this plan than would occur under the old agricultural designation, one unit for
five acres. It's just going to occur in a different way. And we didn't think it was our job to
figure out exactly where the first town should be. Whether it should be there, or whether it should
be there or first hamlet or village or where any hamlet or village should be. Because certain
lands are best used for agricultural purposes and the landowners know what those uses, maybe
they don't want a town or village someplace. I mean that was sort of the thinking that we had so
we got everybody basically on the same page and said this is the concept, we have about 80 or
90,000 acres of pink area up there, the rest is all being set aside for flow ways and stewardship
areas and is ultimately going to be sending. Out of that 70, 80, 90,000 acres of pink area, we're
talking about maybe 20,000 some odd acres, 10% of the entire study area being designated as a
receiving area, let's put towns and villages and hamlets. We're not in any position to say where
those 20,000 acres should be.
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Mr. Crews: That's what I'm agreeing with. And it's not our position at this committee to say
we're going to have one at the corner of 82 and 29, no more than it is to say we're going have
one at the Corkscrew Road and no more we're going to say we're going to have one here at
Russell ???? store. These areas have already been taken care of in all this 3 years we sat down
there and Bob's 400 pounds of paper I still have.
Mr. Mulhere: Could I just add one comment to that? I think another thing that will have a lot of
impact on the future location of receiving areas will be transportation improvements that are
currently planned, being planned, being examined and we're talking about Oil Well Road
improvements, obviously Immokalee Road improvements and you know, I think that until we
have a firm handle on the long range transportation plan, we want to be a little bit careful about
predicting locations. Because generally, I think you can accept the principle that given the
natural resource index values and the other parameters that you have to look at when you want to
locate a receiving area, entitle a piece of receiving land, another sort of principle is that likely
they will locate those in areas where there's appropriate transportation. So I think you just want
to be a little bit careful about necessarily pointing out those locations until you have a very, a
good handle on what the long range transportation improvements that are anticipated and that
will likely occur out there are going to be. We know a little bit more about some of them
because that's been a result of I think Ave Maria and other things corning forward. I think to the
north it's a little less certain.
Mr. Perry: We toyed with the idea, discussed and concept the idea of incentives for receiving
areas. Right now, we have incentives for sending areas, the highest natural resource lands and so
forth generate the most credits so that you naturally get this sort of gravitation towards these
darker areas here because that's where the landowner can get the biggest bang for his buck by
taking, you know by giving up uses on particular lands get the highest credit value and be sent
someplace else. The same concepts were thought of in terms of where you should have receiving
areas. Should this be a receiving area and should there be some incentives created that would
encourage that to become a receiving area. And the final analysis we didn't end up with anything
like that, we moved toward the suitability criteria that said you have to have certain things
present to be a good receiving area. Transportation is one of them, low natural resource value is
another one and so forth. So that was the way that the study sort of finally ended up. But that's
not to say that sometime in the future if the county was to suggest, well, one area might be a, you
know, we really want to see something up there, for some reason and the county really wanted to
do that there's probably ways of developing incentives that would encourage landowners to seek
out those kinds of, my initial thought would be a transfer, a credit transfer rate for instance that
was less than normal. You've got a handful of credits, 80 credits for instance that could normally
entitle 10 acres, if you go into one of these hot spots where you want to entitle something and
you could get twice as much as acreage for your credits, the county's changed the regulations and
carne up with incentives that would encourage entitlements in one area versus another. We
didn't corne up with anything like that but theoretically that's, you know, that kind of incentive
process could be worked through. You'd have to look carefully at how it changes the total
development potential of the area because there's been a lot of concern about you know, are we
allowing a lot more development out here than we can accommodate and things like that. From a
calibration standpoint you'd have to go back and do a lot of work but it's, those are.. .
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Mr. Crews: But this plan's going to be looked at again in 5 years.
Mr. Perry: Yes, yes it's a mandatory review.
Mr. Crews: And right now, it's all new to everybody and they're still making the rules of the
game and we've got six little things that we carne by here, the CRA reports to look at. And I
think most of them ought to be left alone for the next 5 years. And I need you all to give me a
little bit of help in convincing the rest of this committee on why. One of it is we haven't' had
time to see what's going to happen, number 2, we don't want to know, and I don't know if that's
where it's going to corne through. When they gave us that map of Imrnokalee, those roads were
just, what you'd say, just arbitrarily put there, Bob? Four years ago.
Mr. Mulhere: Yeah, they were on a long-range plan.
Mr. Crews: It was a long-range plan, we don't know if those roads are going there. Everybody
wants to guess and what we're doing here is getting everything the cart before the horse.
Mr. Rodgers: I think on the one that you're talking for 82 and 29, that we're talking about here
in this meeting, the landowner 2 or 3 years ago has already looked into doing something in that
spot. And I think that might be where that carne out of it. I don't know, I'm just saying.
Mr. Crews: It's still agricultural land.
Mr. Rodgers: Right and that was the landowner's problem. The landowner did several things
that violated several things but their hopes at that time, they were talking about putting like a
truck stop out there and that was exactly what they mentioned, somebody mentioned in this
committee.
Mr. Crews: They've mentioned it yeah.
Mr. Mulhere: Keep in mind that landowner would have the opportunity to entitle that land,
providing it meets the criteria for receiving and looking at it, it's, at least a good portion of it is in
the pink. Simply by either putting a stewardship sending designation over other lands that that
landowner owns that would protect those lands, there by getting these credits or by acquiring
those credits from someone else who would protect those lands who had those lands to be
protected. So with this plan in place, I don't think there's any, any, certainly any prohibition
against something happening out there, it's just a question of working through this process as
opposed to creating a new process to make that happen.
Mr. Holland: And I'll get you to comment on this. Floyd I guess is talking about leaving the
urban, the master plan area the same as the current urban area. The other school of thought that's
been advanced is that it include four Census tracts which is not necessarily designated up there
but they go all the way up to the county line and corne down just pretty much right there at the
bottom of your urban area, right in that area. It doesn't go straight across. Oh, you've got it,
there it is right there.
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Mr. Heath: The red lines are the 4 census tracts.
Mr. Holland: The thought process behind including the Immokalee Area Master Plan to include
all of that was that it would take in the current urban area, it would take in some of this area that
would be expanded later and not have any, do it in such a way that didn't have any detrimental
effect on the Rural Lands Stewardship Area. In other words, we don't try to change any of that
or mess with it but as an example's been given up there at the corner of 82 and 29, that would be
an area that could be a receiving area and a developed area. If it's included in the Immokalee
Master Plan, then this committee could make certain recommendations as to what can go on
there and that was the, that's been the idea by including the entire area there. It also has to do
with that being an area that's also included in a number of other designations, CRA and all kinds
of things, so it kind of keeps everything in, when you talk about master plan, CRA, and I think
there's 3 or 4 other different designations for that, they're all sort of coincide. And the big issue
there, I think in the minds of the ones that wanted to do that is that Immokalee wants to
encourage growth, unlike some other areas of Collier County that are very content not to
encourage growth and do things to discourage it. We want to encourage a commercial growth,
residential growth, with the idea that Immokalee at some point in time is going to have enough
tax revenues and so forth to stand on it's own more or less. And I doubt seriously if we had the
exact figures if that's even close to the case now between schools and sheriff's department and
other services if Immokalee's actually paying its own way. So we're going to have to have
economic development to do that. That's the reason for trying to expand the whole thing. Now I
know a bunch of people are extremely concerned that in doing that it will screw up something to
do with the rural area. And I don't know of anyone that wants to do that. They want the whole
thing to work together and I think that's probably the reason for you folks being out here to
explain how this worked so that we can make sure, whichever way we go, that we don't do
anything that fouls up what's already been done which is certainly very possible. So that's, I
think, unless somebody's got any other ideas about what that process, what that thought process
was. I hope I fairly stated it as to why certain people want to make that a much larger area in the
master plan. Not to make it an urban area but to make it included and within that you've got the
urban area, and we have some control and some weight, the thing was to bring these incentives
into play that you're talking about. If under what we're doing we can encourage the county to
work towards incentives that they've already done for Immokalee in some other areas, and make
some more specific incentives for other areas within that, then it can help get things like Ave
Maria going. And I don't think anybody here wants to mess around with Ave Maria. I mean
that's already done but something similar to that or something else or some kind of
manufacturing or whatever in some other area that we can help encourage, I think is the idea
there.
Ms. Jenkins: I think to, you know, I didn't corne actually prepared to with that entire evaluation
to say yes that's a good idea or not. But what I can say that with what is established right now
with the Rural Lands sending area program, you have the opportunity to do just that because
most of those lands, surrounding Immokalee, are receiving area lands. So it would just be a
matter of, a developer and a landowner coming to some terms to say yes, this is what is going to
work for us, this is economically viable for us. You could do a town there, you could do a
mixed-use. The other thing that we didn't talk a lot about and that is not defined very well yet is
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the opportunity to do compact rural development. A compact rural development is not a town, a
village or a hamlet. Although you would have to do a lot of the same design guidelines, meet
those design guidelines, so it'd have to be designed in a similar fashion. But a compact rural
development could be an office park or an industrial park that's located near the airport to help
that build up. So there are opportunities other than just those within this program that we didn't
talk a lot about, to help stimulate that and would be another viable exercise. But, I don't know
that expanding the Immokalee urban boundary would facilitate development to occur any faster
in these areas than it's going to occur now and I don't know that you would have any...
Mr. Holland: Don't let me confuse you. There's nothing being said about expanding the urban
boundary. The urban boundary would stay where it is, we'd only be expanding the area that's
covered under the master plan. And the other areas outside of the urban areas would be covered
in an entirely different way. But consistently, I think with what you all have been presenting.
Mr. Olesky: Basically, what we're doing is a name change.
Mr. Perry: But the master plan has some regulatory authority to it? In other words, it, I guess my
concern would be, just thinking out loud now, my concern would be that you would be, if it's a
good master plan, which I'm sure it would be, it would be, it would be predisposing certain lands
to certain uses in that particular area, not leaving it to the landowners to decide what's the best
use for their property. Whether it's agricultural, or whether it's some other kind of use that
might be more appropriate. And that's...
Mr. Holland: And that's certainly an area of concern for all of us. That's why we've always said
in here, and I think no one has said anything different, that we don't want to do anything that
would mess up the stewardship thing that's already there. Now, and if that would include
leaving ??? area to broad interpretation, what can go there, then my feeling is that this committee
would support that. I don't think that this committee, they can speak themselves, but I don't
think anyone on this committee wants to mess up what's been done. The only idea that was that
we want to be prepared to encourage development, help with whatever incentives we can and
those kinds of things and in some particular areas to make things less stringent than would be the
rest of Collier County. So a person would be more likely to develop, maybe make some
architectural standards less stringent, something like that for the industrial area talking about
around the airport, things like that. Where we encourage people to corne in, don't have to have
maybe same ??? standards, maybe as much shrubbery and all that kind of thing that doesn't really
add to the economics of the deal, it just adds cost. That's sort of, I think, the thought process in
terms of??? the boundary.
Ms. Jenkins: Well at this time the design guidelines for the rural area, architectural design
guidelines are not part of the design guidelines right now because we don't want to predetermine
what every, you know, development may be out here and we don't want them all to be
monotonous and the same. And we don't want them to necessarily be the coastal area so in the
design guidelines what we say is that the developer will determine what the architecture is, where
it has to be cohesive and you know, but you could have, you know, something that's Old Florida,
or you could have something that's modern. But we're not predetermining what any of that is so
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we don't have the architectural design guidelines in the RLSA right now and those in the coastal
area do not apply right now. And the thing with the landscaping, you have to write those design
guidelines when you put in your application. So you have a little bit more flexibility already built
in to this process than you do have in the coastal area.
Mr. Perry: I would think that you would have a greater degree of flexibility if it were left alone
as it is today because everything you've said so far, aside from incentives of encouraging growth
to take place here, rather than down here or here or over here someplace, there are no incentives
like that within the RLSA system. But as far as doing something with that land right there or the
pink land up in there, the RLSA system allows that to occur, there's nothing inconsistent with the
current system with what you're suggesting is perhaps the idea that you want to do something to
encourage you know roads in that particular area. I would just caution you that if you overlay a
master plan that says we want this to be residential, we want this to be commercial and we want
this, then that undermines the flexibility that the landowners currently enjoy of having pink in
that particular area, they can actually design their own, whether it's an eco-tourism development
or whether it's an agricultural farming kind of development or whether it's geared towards some
other kinds of development, that's currently left to the landowner to decide and then present that
to the county for consideration as to whether that's appropriate or not. I think the master plan
idea, I think kind of lays another layer of regulation that may actually constrain as opposed to
encourage development within that particular area.
Mr. Mulhere: I just had a couple quick thoughts. One of the things you'll have to do if you look
to change the boundaries of the existing urban area if it's going to be larger, you're going to have
to demonstrate that, that's an appropriate expansion of the urban area to DCA. You're going to
have to show them that there's enough data and analysis to support that expansion in a
reasonable period of time. And a reasonable planning horizon, I think that that will be fairly
difficult because there's quite a bit of a fairly large urban area at this point in time. I think that
you're on the right track, though, at looking at incentives to cause the kind of development and
kind of changes to occur that you want to see occurring. That all the work that's been going on
for the last 7 or 8, 9, 10 years. Doesn't happen fast enough, but it is all moving in the right
direction. But there may be some opportunities for slight changes of the boundaries and the
things like that that could easily be justified. I know there's a natural resource area around the
lake that's in the urban area that probably doesn't belong in the urban area, I think it's a couple
thousand acres, maybe 1500 acres, that could corne out and maybe that could be displaced
somewhere else. Those are some thoughts. The other thought I had was that you might look at
incentives rather than thinking about including the RLSA lands within the Irnrnokalee Master
Plan, you could look in incentives for any receiving areas that may be entitled in the future that
are adjacent to the Irnrnokalee Area Master Plan. You could look in some incentives for a
landowner to consider incorporating that in. You know it's a process, a fairly expensive process,
comp plan amendment process. But there may be, and I don't know what they are, you know,
you'd have to brainstorm, corne up with some incentives that might cause someone that's
proximate or someone that's within this area, this proposed area but currently outside of the
Irnrnokalee urban area and master plan area to perhaps want to be included. What those might
be, I don't know.
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Mr. Jones: If I could make a comment, excuse me, before we get too far off that. I apologize
Anita but you know, developing some type of incentive package that would encourage
development in that 4 census tract, you know that 4 census tract area, would have possibilities,
and I think landowners would take a look at it to see how it could potentially impact one way or
the other. But I think with the planners here, my concern and I didn't join this debate until mid-
December, but the concern that I expressed at the last committee meeting was that Barron
Collier's perspective, in all probability we would oppose anything that would cause the Rural
Land Stewardship Overlay within the growth management plan to be opened up for review at this
time. Now Floyd mentioned, there is a 5-year review. At that point in time, we, the landowners
agreed to that 5-year review, that was part of what was mandated as this went through the state
process. But, and that's what I tried to express last time, so as your taking some of these
questions, just keep that in the back of your mind. That's our concern from a large landowner's
perspective. What Bob said about crafting incentives, you know moving these boundaries, it's
something that could be done that looks like it may have possibilities, we'd take a look at it.
Provided it doesn't cause that overlay to be opened up right now. Like I said last time and Floyd
mentioned it again now, we haven't even finished the rules for this and we're just not prepared to
go into another protracted planning process that may even impede us from doing something that
we want to do while this whole thing gets open up for review.
Mr. Perry: Yeah, I understood the concept that we're talking about, doing something to the
master plan and not to the rural lands regulations. My fear was, is, that the master plan acts as
another set of regulations. If you overlay the master plan on top of the rural lands area that
you're either predetermining some use of the land or you're doing something to that overlay
district that could create problems. Even without opening it up from the actual regulations.
Mr. Holland: Glenn's been trying to say something for a while.
Mr. Heath: I think for our guests' benefit I need to provide some background to this discussion.
There's 2 aspects to it, one is that the Evaluation and Appraisal Report that was, the format
which was approved by DCA, requires us to look at the Immokalee urban boundary. Staff
position, the original staff position was that it's too large. The core area within Immokalee, is
outlined by the ??? it's rather small, the urban boundary per se, is huge. The strategy that the
committee is evaluating right now would have some urban boundary whether it be this urban
boundary or another urban boundary within a larger master plan boundary. Right now there's
one boundary under this scenario there'd be two, two separate boundaries. Right now they're the
same thing, that wouldn't stay the same. The other issue that has come up repeatedly at some of
our past meetings is a fear that's been expressed by members of the committee that development
within the RLSA would exclude or isolate the Immokalee community and prevent it perhaps
from future development or development as good as it could be if they weren't otherwise
isolated. And unfortunately, one of the factors that has, I'm afraid, has led to this is the
orientation of the entrance roads on the Ave Maria community, at least as it's shown right now.
And the fact that none of them point toward Immokalee. And the perception is that the RLSA, if
Ave Maria is say a prototype for future RLSA developments in other areas that these types of
developments would not be beneficial to the Immokalee community and I'd like you guys to
address that if you could.
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Ms. Jenkins: Well, with the first example of Ave Maria, the benefits to the Immokalee
community is the proximity of the university. From my conversations that I've had with the
university leaders and the knowledge of supporting the Immokalee community, not only with
their students mentoring the Immokalee students and helping them, maybe if they would like to
go to the university and also with these communities being mixed-use and providing jobs sources
for the Immokalee area. And also this first phase of Ave Maria and understanding the
partnership there and wanting to support the medical services within Immokalee, there's going to
be, I think, positive economic impact to Immokalee from the first of Ave Maria. And I would
think that the developments that would occur in RLSA are going to continue to impact positively
Immokalee, as it provides a greater job base for the residents of Immokalee and also Immokalee
for providing additional housing opportunities for those areas as well.
Mr. Holland: I don't want to disagree with you on that at all. The concern that Glenn was
talking about that someone had expressed is that when they oriented the roads to where they are,
what it looked like they were saying was yes, we want to be a part of your community in this
outreach kind of way, but we don't want your people to come down and sit in our movie theaters,
we don't want your people to have too much access to us. You know, we'll come to you with a
few things and we'll supply some jobs and you can go a round about way to get to us for those
jobs, but we don't really want to be associated with Immokalee. That's sort of the thinking that
some people had in that area. I'm not saying that's my thinking, I'm just trying to tell you what
some people have been talking about and that's what Glenn was talking about in this road
orientation business was that it seems to be like Ave Maria says let's connect with Naples,
Golden Gate area possibly or some of those areas down there for housing, let's make the road
work that way but not back towards Immokalee. But the thing here that I'm most concerned
about, I think, and I've been hearing it from a lot of people, if we end up with violating the law
of unintended consequences and we do something here that the consequences of which weren't
intended at all and we'll really make some tremendous mistakes and I think we're going to have
to have a lot of input on that and I'm not so sure that we can finish figuring out the boundary
today.
Mr. Heath: I didn't think you would.
Mr. Holland: I think we're going to have to have a lot, a lot of thought on this and really, y'all's
input has been absolutely fantastic on that issue.
Ms. Jenkins: And I think that you hit it right on the head. When you, I think it's important to
understand that the RLSA is an overlay district, it is overlaying already on a comprehensive plan.
So a property owner could actually develop property at one unit per five acres if they chose not to
enter the program. They still have the same abilities under the underlying zoning of agriculture
to develop in that way. There's not a lot of incentive to do that and the incentives are for them to
enter the program so they protect the natural resources and agricultural production out there.
That's the intent of the program. But as this is an overlay, you know, expanding your master plan
and overlaying additional regulations on this, is that you do absolutely open yourself up for
unintended consequences. An alternative to that may be to think about programs that are not
associated with regulation, with zoning and land use regulations but how you could incentive
23
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development to occur in proximity to Immokalee through the EDC and the Chamber and what
types of incentives that you could think of for to encourage development in proximity without
including that in your master plan. But to put some thought into, you know, what incentives that
you could work through through your chamber and your EDC, through the Enterprise Zone and
things like that that could help incentivize in proximity to that without overlaying additional
regulations on this program. Because what we find with that is that you do have unintended
consequences and I think that the city of Naples is struggling with that a great deal right now, of
unintended consequences of their height restrictions and things like that but they've been seeing.
So you know, layers on layers on layers, it seems like you can never do a thorough enough
analysis and it's only when you get into the process of seeing, oh, you know we had a partnership
that came and really would like to do something right here that would have tremendous benefits
to Immokalee but you know we've created this and so it's things like that that would...
Mr. Holland: We've gone, from one of our initial meetings, we had some people that actually
wanted to incorporate Ave Maria in our boundaries and all that. So we've gone from wanted to
do almost all of Collier County, down to 4 census tracts and now possibly back to the urban area
and possibly even making that smaller. So we've talked about a whole lot of different scenarios.
Mr. Olesky: What my concern is, is not necessarily building and all that stuff, I want to know if
we can put it in our overlay, only having our authority in the urban boundary and leave the
outside area just like it is with our overlay with our name on it. My concern is when I hear Ave
Maria from, it's all located down there in Naples. Oh, well we're going to build another
subdivision down here, well that's Golden Gate, I want it to be Immokalee, that's what I want.
When people call and say where's Ave Maria, it's right there in Immokalee core, it's not near
Naples, because it's not near Naples and that's what's happening. And we're losing our whole
image, I mean we got a bad image to begin with, always had, we're trying to get rid of that image
and that's why I want a nice subdivision come in and says right there by Immokalee core. And
then people say hey, Immokalee must be a nice place to say, and that's what I'm trying to get.
I'm not trying to tell them what to build out there or anything else, if we're going to have that
overlay, let's do it in that urban boundary but let's put the overlay on it and just use the name.
It's all I want.
Mr. Holland: Do we have any other comments? Any other questions? Yes, Denise.
Ms. Blanton: I want to echo what's been said about really learning a lot. And I've seen Alan
Reynolds accepting the Sustain ability Award in the Bonita Bay newsletter and I think it does
reflect that private stewardship of land ends up, when it's incorporated, as you have done, makes
the best sense and address the situation. The problem with it is how long it is. It's very tedious,
it's very long but on important things, you should be willing to go through and be open to
everybody. Early on in your presentation, you said the word employment, I don't, I can't
remember, it was an early slide and I think that is what will grow Immokalee, is employment for
the people of Immokalee. And you said something about economic impact study, I don't know if
that includes employment since you didn't concentrate on that, you concentrated on environment
and I want to say, I don't know what better could be done in environment, I think everybody can
feel very safe and very comfortable that that aspect of things has been thoroughly analyzed. But
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if we were to look at the employment economics, which is what Immokalee desires, they want to
work and that will grow our community. People will be able to buy their own homes, etc. etc.,
via credit and Immokalee has always been very independent, have their own water sewer district,
etc. with the idea of standing on their own two feet. So that part of the economic mindset, if you
will, you had to delve in and walk in the shoes of environmentalists. I think what I'm inviting
you to do is walk in the shoes of the people who live in Immokalee. And since environment is,
has been addressed thoroughly, I think what we're asking how about economics? And
employment, which is where we're coming from, what we want to see happen. And asking on
the timeframe of 5 years, when is that 5 year date? Just to understand, has it been set it? 5 years
from when?
Mr. Perry: Yeah, it was 5 years from the adoption, October 2002.
Ms. Blanton: October 2002, in other words, that's around the corner, it's just around the corner,
planning wise, because if you put on a different perspective of economic, which is Immokalee's
concern, when you look at it in 5 years. You know, it's going to be like, gonna have to look at it
from a little bit different view. And I think that's what we would be interested in, you know,
having. Another thing that I thought was, and I think where we put transportation improvements,
was indicated as something that, if we're interested in economic, the transportation element of
things would be very important to achieving an ultimate collaborative goal. And the other thing
that I find fascinating, since I'm a planter, a tree person, Raymond isn't, I am, I like the trees part
of things.
Mr. Holland: Let me correct her on that, I like trees.
Ms. Blanton: He doesn't want it mandated.
Mr. Holland: I don't overabundance of trees where you can't get the fire apparatus up to a
building when it's time to put out a fire.
Ms. Blanton: No, but I like the idea that you have to plant a few trees. But anyway, this grid
concept, this grid idea, as it's developed, because you know Immokalee is a pedestrian
community. Perhaps not by design but by necessity, people don't have cars. So if you're forging
ahead, coming up with some ideas that would accommodate us also, what would be wrong, well,
I hate to use the idea of old Naples in Immokalee, because people jump up and down and get
excited. But old Naples is just really and truly what Arcadia and we talk about well, we should
be like the interior counties, has anybody been to Arcadia lately? Arcadia is actually old Naples
the cowboy way, you know, so what's wrong with just the old Naples the cowboy way or
whatever. Could the grid concept have some application? Because really and truly what you're
doing, you're going back to previous, a previous way of thinking before we had this Pine Ridge,
Airport Rd. things, you know? You're just going back. Well, I'm from Key West, island
traditional. So I'd like us to keep that in mind as you progress, that what application with this
grid system that you gave the name to and we could be old Naples, the Immokalee way.
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Ms. Jenkins: That's just a matter of design standards and reviewing what the design standards
are for Immokalee and it's just a matter of building placement to create a pedestrian orientation.
Are you orienting your development to the automobile or to the pedestrian. And that's what's
evaluated and that's what we're achieving.
Ms. Blanton: And you could get more on your land right?
Ms. Jenkins: Yes, it's compact.
Mr. Perry: I was just going to address the economic employment aspect of it. We may have
mentioned in this particular slide, talking about compact development where the requirements for
receiving areas where you place your development, requires you to include all of the goodies that
go along with residential, your shopping and your offices and things. There has to be a mix of
uses to make a town or village sustainable. Hamlets are a little bit different because they're
much smaller, we don't expect there to be, you know, the same mix. But generally speaking,
villages and towns will have churches, they will have schools, they will have fire stations,
commercials, dryc1eaners, blockbusters, whatever, the movie theaters and so forth. The other
form of development that Anita talked about that we touched on briefly was sort of isolated there
as an example a commercial building, we also used the example of a eco-tourism resort or
something like that where there was a special kind of development that was not really based on a
residential component per se. In fact, may not have any residential components. The compact
rural development or CRD is not required to have residential, it is not, it's sort of a on the fly
kind of development that you can figure out in this particular area, we said well this is over by
the airport and may be one that is more substantially commercial or industrial employment based
with a smaller amount of supporting residential would be integrated directly into that, would be a
good option there. But, from an employment standpoint, the idea of this development is that to
be sustainable, it must include some opportunities for employment. Quite frankly, ??? if it is in
this village or town someplace is not all going to come from people who live there, they will be
commuting from Immokalee and Golden Gate and wherever. How much it benefits Immokalee
from an employment standpoint, perhaps may depend on location and the type of employment it
is and things like that. But clearly, simply because we have allowed for opportunities for mix
uses, not just 5 acre residential development where you could have shopping centers and schools,
sheriff's substations and fire departments, are all employment centers, when you think about it,
offices, doctor's offices, they're all employment centers, they will employ people from not only
this village here but from Immokalee and Golden Gate and people who happen to live in hamlets
in surrounding areas. So if we provided for that opportunity, in fact it is a requirement that there
be that kind of mix within the developments of towns and villages.
Ms. Blanton: Well, our goal for Immokalee over time would be, is opportunity for employment
and what we could do to enhance that, people who already live here.
Mr. Holland: We're about out of time, I'm going to do, someone that wants to make a comment
and then after that I'm going to ask for a motion that we delay further discussion on this old
business, item 3 and 4 until our next meeting, but before that, a question over here.
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Mr. Jones: Yeah, I just wanted to ask a question of the planners. Could an incentive package be
developed that applies to the 4 Census tracts that would not cause the Rural Lands overlay to be
opened up for review under the growth management plan?
Mr. Mulhere: Yes.
Mr. Jones: I think that's important for this committee to understand that and that may be the
direction you want to go without talking about moving all these boundaries and opening up that
overlay.
Mr. Mulhere: The reason I suggested was, Anita followed exactly what, you know I really didn't
go as far as, but that's exactly what I was suggesting, was to look at the kind of economic,
working with whether the EDC or the Chamber. Or maybe thinking out of the box again, that's
the location you want, then how can we make it happen but how can we make it happen through
incentives without having any unintended consequences of the existing program. And you can
do that, you do it through policy.
Ms. Biondo: I don't know, you know, influence any of this plans, however, economic incentives,
the ones that we just approved for Immokalee, the four census tracts are really, really, pretty plain
for, to entice business to come over here. I mean they're waving a lot of wage criterias and you
know number of jobs that they need to create in order for a company to qualify. And now for the
e"astern part of Collier County, the average wage is even higher, they have to create at least 15 or
20 jobs. So I think for Immokalee, there's already you know, four census tracts, there's already..
Mr. Holland: The existing incentives it covered already. Existing incentives.
Ms. Biondo: Exactly. They were just approved on November 18th. However I'm not sure how
at this point. . .
Mr. Jones: But you don't have any incentive packages ??? residential incentives??? Maybe
that's what you're talking about.
Ms. Biondo: Well, there is residential incentives.
Mr. Holland: Impact fees and all, but there's nothing extraordinary.
Ms. Biondo: At this point, I don't know.
Mr. Heath: Speaking for county staff, we don't want to do anything that's going to throw the
county into 4 or 5 more years of administrative hearing with no plan in place, that doesn't benefit
anybody.
Mr. Holland: Ok, this has been extremely informative, I think.
Mr. Crews: I make a motion that we extend this meeting onto the next meeting.
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Mr. Holland: Do we have a second?
Mr. Aviles: Second.
Mr. Holland: Ok, we'll adjourn with that, thank you.
28
PARKS AND RECREATION A~~lSO~j> 11
\fED BOARD MEETING Halas 1.- ~
RECEI Henning ~
Coyle
JAil 1 5 n~ Coletta -
Immokalee Community Park
January 21,2004 - 2:00 pm
- j
I. CALL TO ORDER
II. PLEDGE OF ALLEGIANCE TO THE FLAG
Ill. INVOCATION
1 V. APPROVAL OF MINUTES
V. AWARD -- Bobby Allen
VI. NEW BUSINESS
A. PARAB Vacancies
I. Katherine Todd
2. Debra Sforza
3. John MacDougall
4. John Rihcs
B. Best Friends Park Survey
C. Lake Avalon Assessment
D. Protection and Enforcement Policy and Procedures
VII. OLD BUSINESS
VIII. SPECIFIC UPDATES
IX. REPORTS/UPDATES
A. Monthly Report
B. BCC Recap
C. Grants
D. Special Event Calendar
E. Parks Update
F. Recreation Update
G. Adopt A Park
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X. MEETING SCHEDULE
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Xl. MEMBER/ADDRESS LIST
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MINUTES
PARKS AND RECREATION ADVISORY BOARD MEETING
Golden Gate Community Center
December 17, 2003
Present: John Ribes, Chairman
Ski Olesky, Vice-Chairman
John MacDougall
JefIbrown
Staff: Murdo Smith, Beach & Water Supt.
Steve Whittier, Recreation supt..
Joe Delate, Project Manager
Amanda Townsend, Operations Coord.
Barbara Johnson, Sr. Admin. Assist.
Absent: Frank Donohue
Mary Ellen Rand
Chuck MacMahon
Others: Commissioner Tom Henning
Ruth S. Albert
Debra Sforza
Geri Lynne Waterbury
Lourdis Rodriquez
I. Call to Order by John Ribes, Chairman
II. Pledge to Flag
III. Invocation
Commissioner Henning thanked the P ARAB members for volunteering their services and
bringing their recommendations to BCC. At the recent BCC meeting, Category A
Renourishment and Beach Parks were discussed and input will now go directly to TDC
and then on to the BCC. This is a competing and limited funding source for beaches and
he wishes to ensure receiving everyone's input regarding beach access. Commissioner
Henning ended by wishing everyone a happy holiday.
IV. Approval of Minutes - Minutes of last meeting approved.
V. Awards - Geri Lynne Waterbury
Switch items under New Business- Start with B and move Item A to end of list.
A. P ARAB Vacancies - There was not a voting quorum present due to the fact
that two of the current members were being considered for re-appointment. It
was decided to conduct the interview for the candidate who was present, with
recommendation being made at the next meeting. Katherine Todd, applicant,
was not able to be present but has communicated she wished her application
to be considered.
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1
Debra Sforza - a Naples resident of two years was very involved in the
community where she previously lived. She believes in parks and that a
community should act as one unit promoting both beaches and existing parks
located in the County.
As an additional request, Ms. Sforza requested time to make a presentation not
related to P ARAB vacancies. This request was granted with a five-minute
time limit.
The video was about Tmuma Response Assistance for Children and was
initiated by 9/11. There is a program available geared for various individual
groups - children, police, fire departments etc. Ms. Sforza requested
assistance in making contact with the schools and emergency departments for
presentation of this program - the group will be in the area from January 27
through February 2nd. It is a very informative narrative, includes a video and
power point presentation as well as an artifact exhibit, all free of charge to
participants. Copies of the information was to be made for the Department.
B. Organ Transplants - Ruth Albert, a member of Hadassah, stated that a
program for the general public regarding this subject was being held at
Telford Auditorium, Naples Community Hospital, January 13, 2004, at 9:00
am. The Life Alliance Organ Recovery Agency from the University of Miami
Medical School will present a free program for both medical professionals and
the general community. From one individual organ donor, it is possible to
help 40 other people. Ms. Albert is requesting an exception to the policy of
placing fliers in the community centers. A recommendation was made for
Parks and Recreation to act as a co-sponsor with the department's logo and
web-site address appearing on the flier. This insertion would allow
distribution of the material by the community centers. Motion by John
MacDougall: Allow NCH Healthcare System and Hadassah to put fliers
in community centers as long as the logo is on posters. Ski Olesky
seconded. Passed 4-0. If Ms. Albert brings the fliers to Parks and Recreation
Administration Office, Steve Whittier will send them to the various
community centers.
C. Friends of the Park: Amanda Townsend is planning a meeting in January for
all Friends of the Park groups to discuss combining all the smaller groups
under one umbrella. This would help strengthen the volunteer program as
well as increase the possibility of raising funds through grants and
foundations. The main group would be classified as SOlC3 with by-laws, etc.
The exception would be the Friends of Barefoot Beach group that already haswa strong membership, its own Board and 501C3. The volunteers of this
particular group have been very active in upholding their motto of "Preserving
the Preserve".
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Suggestions and recommendations were requested from P ARAB members;
one could be having a rotating member attend these meetings and bring back
any information to PARAB. The Friends group would not serve BCC and
would have its jurisdiction approved by P ARAB.
D. Athletics - Requesting approval of policy for collecting fees prior to league
play starting for each program that has a participant fee approved by BeC.
Some leagues pay in advance and some do not. This policy would allow the
money to be collected at the proper time and leave a better paper trail for
auditors. The roster should indicate the number of individuals actually playing
so reconciliation of players and money may be conducted. Motion by Jeff
Brown: Adopt staff's policy recommendation money be collected up
front. Motion seconded by Ski. Approved 4-0.
VIII. SPECIFIC UPDATES
A. Neighborhood Park - Best Friend Park - No update. BCC recap -. A
continuance was requested because one group was meeting Wednesday night
and wanted a consensus, then asked for another continuance, and now the item
will be heard sometime in January. The Executive Summary is asking that
funds in a specific project number now be used to purchase property -
P ARAB voted on this item previously and it is now appearing before BCC. If
the project is to be eliminated, it is prudent to do it now before more time and
money is spent on it.
Carl Frye, Oaks Estates, is busily working on the survey for that area and will
present the information in January.
B. TDC Category A - previously addressed by Commissioner Henning. A one
cent increase for tourist tax will be discussed at a later date. $2 million from
TDC funds will be allocated each year for beach access and maintenance
projects.
C. Children's Museum Final Lease - The committee wished the lease fmalized
in order to take advantage of fund raising during the tourist season. The first
30 years rental check is in place. This organization will pay up to $400,000.
for their share of roadway and underground utilities infrastructure costs at
North Naples Regional Park
D. North Naples Regional Park - getting close to receiving the SDP - only one
more person needs to review it. Building plans are 99.5% complete, final
comments will be expressed, and then Kraft will start pricing the proj ect. It
will probably be a month from that time when the final numbers are received.
Before the site work can begin, the building permit will have to be issued, and
3
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a contract written and approved by BCC. Construction of Livingston Road
itself is on schedule; the Department has a clause in the contract allowing
access to the site within 30 days of notice. Currently the road is all lime rock
and traffic signals are being installed.
IX. REPORTSIUPDATES
A. Monthly Report - not completed due to concession submission deadline.
B. BCC Recap - In addition to the insert, the Executive Summary for the
Jaycees carnival permit for the New Years Eve event at Sugden was approved
C. Grants - $23,000 from Big Cypress Basin was approved for a water resource
management project. The Department will match these dollars with an equal
amount and install a centralized, computerized irrigation system in the South
District. Next year the Department will apply for the second phase, which
includes the north section and Immokalee. This system should result in a
savings in water consumption- at least 40% - as well as a reduction in the cost
of both water and electricity. One grant still outstanding is the FRDAP for
elements at NN Regional Park.
D. Special Events - Sugden New Year's Eve event put on by the Jaycees will
include fireworks and a carnival; hours will be 5 - 9 pm.
Snowfest was the best yet, with a huge attendance having a great time.
Immokalee's Christmas Around the World was also a success.
E. Parks Update - Joe went over list.
F. Recreation - The Recreation Guide was distributed as well as a flyer for a
December sailing camp. Summer camp flyers will be delivered to the schools
in February. Class Registration - the Department is currently working with IT
on this project.
G. Adopt A Park by John Ribes - Two visits were made to Max Hasse Park -
one in the day and one in the evening. It was very active in the evening with
all facilities in use.
Clam Pass - the Department's best park; although it would be great if the
service and sewer building could be relocated.
GGCCenter - the landscape does not appear to be properly maintained during
construction and the entity taking care of it is not responsible in the end.
There should be a better flow for the "government campus" at this location.
Next meeting 1/21/04 in Immokalee. Meeting adjourned at 4:10.
4
Name:
Facility:
Reason:
12122/03
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GOOD ATTITUDE AWARD NOMINATION
Positive Attitude
Bobby Allen
Golden Gate Aquatic Facility
Bobby is an exemplary employee. He is an integral part of the Park and
Recreation Team and is always willing to do whatever job is asked of him.
For example, in December, he tirelessly worked the Snowfest Ski Hill. He
ensured that all who used the hill were safe and that all who able to strap
on skis had a great time.
After working a 9.5 hour shift at the pool on Saturday, December 13,
Bobby then went out to Immokalee and volunteered for Christmas Around
the Wodd.
December is always the time for the Ranger staff to re-certify their First
Aid, CPR, and AED. Bobby coordinated and ran the classes.
Bobby is part of the Parks and Recreation Safety Committee. He is
always on the lookout for ways to improve not only pool safety, but
Department safety as well. Without prompting, Bobby re-did the opening
and closing checklists for the pool. One day when Denis, our Pool
Maintenance Specialist was out, I came to work to find Bobby wearing
eye protection, ear protection, and boots, blowing off the pool deck as it
had been winding the previous day. . ...
I really think that Bobby is a great candidate for the Attitude Award this
month. Thank you.
Mary Ellen Donner
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Halas =-
Henning ~
Coyle L =-
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RECE\\fEO
\P,N i 5 200~ MEMORANDUM
f rouoty commlss1oners
~oafd 0 v
TO: Kathleen Martinson, Administrative Aide to BCC
FROM: Sam Tucker, Executive Aide to BCC
DATE: January 14, 2004
RE: Community Character/Smart Growth Advisory Committee Agenda and Minutes
I am submitting the following Agenda and Minutes of the Community
Character/Smart Growth Advisory Committee to be filed by your office. This will
complete the 2003 year for the Community Character Advisory Committee.
1. Agenda and CORRECTED Minutes of October 22,2003.
2. Agenda and CORRECTED Minutes of November 14,2003. Including
"Form 88 Memorandum of Voting Conflict for County, Municipal, and
other Local Public Officers' by member Bruce Anderson.
3. Agenda and Minutes of November 25, 2003.
4. Agenda and Minutes of December 12, 2003.
t{~~sc. Corf'::S:
Sam Tucker
Executive Aide to BCC
D~:t.e:~'
\tCif!n' {p (f.\ \ Al,fl
Thank You,
p,-,niec: 10'.
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1611
COMMUNITY CHARACTER/SMART GROWTH
ADVISORY COMMITTEE
./
AGENDA
MEETING DATE:
October 22, 2003
MEETING TIME:
2:00 pm
LOCATION:
Collier County Government Complex
County Manager's Conference Room
3301 E. Tamiami Trail
Naples, FL 34112
I. Roll Call
II. Approval of Minutes:
a. October 8, 2003.
III. Applicant Overview; recommendation to the Board of
County Commissioners.
IV. Objections, Recommendations and Concerns Report from
the Department of Community Affairs
V. Other Business:
a. Meeting Schedule
VI. Adjournment
Community Character/Smart Growth Advisory Committee
Minutes of October 22, 2003
CORRECTED
I. Meeting called to order by Chairman, Mark Morton at 2: 13 pm.
Members present: Bob Murray, Mark Morton, Dwight Richardson, Dwight Oakley, Pat
Pochopin, Brad Cornell, Gavin Jones, Bruce Anderson, Gary Davis.
Members absent: Susan McCampbell, Jim Lucas
Staff: Sam Tucker, Jay Sweat.
II. Recommendation of applicant for membership to Board of County Commissioners:
a. G. Russ Weyer
b. Celia Fellows (as replacement if necessary)
III. Approval of Minutes:
a. October 8, 2003: motion by Bob Murray, seconded by Pat Pochopin, approved
unanimously.
N. Motion by Bruce Anderson:
a. Amend Comprehensive Plan to clearly allow mixed residential and commercial uses in
commercial zoning districts.
b. Amend Land Development Code to move all language related to mixed-use under
"conditional use" to "permitted use" section in C-1, C-2, and C-3 Districts.
c. Amendment to the LDC be approved simultaneously with the amendment to the Comp
Plan.
Motion seconded by Gavin Jones, approved unanimously.
Dwight Richardson to bring language to Planning Commission tonight, October 22, 2003 for
expedient action.
V. Meeting schedule:
a. Friday, November 14th at 2:00 pm to discuss ORC report from DCA.
b. Tuesday, November 25th at 2:00 pm.
VI. Meeting adjourned at 3:29 pm.
COMMUNITY CHARACTER/SMART GROWTt 6 I 1
ADVISORY COMMITTEE
AGENDA
MEETING DATE:
November 14, 2003
MEETING TIME:
2:00 pm
LOCATION:
Collier County Government Complex
County Manager's Conference Room
3301 E. Tamiami Trail
Naples, FL 34112
I. Roll Call
II. Welcome New Member Russ Weyer
III. Approval of Minutes:
a. October 22, 2003
IV. Discussion of DCA Report of GMP Amendments
V. Other Business
VI. Adjournment
Community Character/Smart Growth Advisory Committee
Minutes of November 14, 2003
CORRECTED
I. Meeting called to order at 2: 11 pm by Vice Chairman, Bob Murray.
Members present: Bob Murray, Dwight Richardson, Jim Lucas, Pat Pochopin, Gavin Jones,
Dwight Oakley, Brad Cornell, Bruce Anderson, Russ Weyer.
Members absent: Susan McCampbell, Mark Morton, Gary Davis.
Staff: Sam Tucker, Stan Litsinger, Jay Sweat, John-David Moss, David Weeks,
Commissioner Henning.
II. DCAlStaff report of committee-recommended GMP amendments for discussion by David
Weeks. He informed the group that these amendments will not go into the current cycle, but
will be presented in the first cycle of 2004, approx. February. Some changes made, update to
be handed out at next meeting on November 25,2003.
III. Meeting adjourned at 5: 15 pm
1611
COMMUNITY CHARACTER/SMART GROWTH
ADVISORY COMMITTEE
AGENDA
MEETING DATE:
November 25, 2003
MEETING TIME:
2:00 pm
LOCATION:
Collier County Government Complex
County Manager's Conference Room
3301 E. Tamiami Trail
Naples, FL 34112
I. Roll Call
II. Welcome New Member Russ Weyer
III. Approval of Minutes
a. October 22, 2003
b. November 14, 2003
IV. Discussion of updated committee recommended GMP
Amendments
V. Meeting Schedule
VI. Other business
VII. Adjournment
Community Character/Smart Growth Advisory Committee
Minutes of November 25, 2003
I. Meeting called to order by Chairman, Mark Morton at 2: 10 pm.
Members present: Jim Lucas, Mark Morton, Bub Murray, Brad Cornell, Bruce Anderson,
Gavin Jones, Russ Weyer, Dwight Oakley, Gary Davis.
Members absent: Pap Pochopin, Susan McCampbell, Dwight Richardson.
Staff: Sam Tucker, Jason Sweat.
II. Welcome new member Russ Weyer.
III. Approval of Minutes:
a. October 22,2003, motion by Bruce Anderson to correct 4a to read "commercial zoning
districts" instead of "project zoning districts".
b. November 14, 2003, motion by Bruce Anderson to strike all bullets and information
under Item II from minutes.
c. Motion by Russ Weyer to approve minutes, with changes. Seconded by Jim Lucas.
Approved unanimously.
IV. Discussion, review of committee changes to GMP Amendments as revised by Planning Staff.
Further changes made. Vote to accept new committee changes:
a. Pages 1 and 2 with changes: motion by Bob Murray, seconded by Gary Davis. Approved
unanimously.
b. Page 3 with changes: motion by Bob Murray, seconded by Gary Davis. Approved
unanimously. **Bruce Anderson abstained from voting on page 3 (Urban
Commercial District/Commercial Mixed Use Subdistrict) due to conflict of interest,
please see attached "Conflict of Interest Form" as required by law**
Per Trish in Clerk's M&R: "Conflict ofInterest Form" must accompany the minutes of
the meeting with affected vote. Advised me to attach form to minutes, which must be
written up within 15 days. Minutes and form will go to M&R for Miscellaneous
Correspondence upon approval by committee in January 2004. Sam 11/26/03
c. Pages 4-8: motion by Brad Cornell, seconded by Jim Lucas. Approved unanimously.
V. Next meeting to review Goal 2 with policies and Goal 3 with policies of GMP Amendments
to forward to Planning Commission for approval.
VI. Meeting Schedule:
a. Wednesday, January 14th, 2004, 2:00 p.m. in County Manager's Conference Room.
b. Wednesday, February 4th, 2004, 2:00 p.m. in County Manager's Conference Room.
VII. Meeting adjourned 3:25 pm.
FORM 88 MEMORANDUM OF VOTING CONFLICT FOR
COUNTY, MUNICIPAL, AND OTHER lOCAL PUBLIC OFFICERS
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DATE ON w ICH VOTE OCCURRED
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cqUNTY
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2 DO:.C,
a ELECTIVE
WHO MUST FILE FORM 88
This form is for use by any person serving at the county, city, or other local level of government on an appointed or elected board, council,
commission, authority, or committee. It applies equally to members of advisory and non-advisory bodies who are presented with a voting
conflict of interest under Section 112.3143, Florida Statutes.
Your responsibilities under the law when faced with voting on a measure in which you have a conflict of interest will vary greatly depending
on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before
completing the reverse side and filing the form.
INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES
A person holding elective or appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which
inures to his or her special private gain or loss. Each elected or appointed local officer also is prohibited from knowingly voting on a mea-
sure which inures to the special gain or loss of a principal (other than a government agency) by whom he or she is retained (including the
parent organization or subsidiary of a corporate principal by which he or she is retained); to the special private gain or loss of a relative; or
to the special private gain or loss of a business associate. Commissioners of community redevelopment agencies under Sec. 163.356 or
163.357, F.S., and officers of independent special tax districts elected on a one-acre, one-vote basis are not prohibited from voting in that
capacity.
For purposes of this law, a "relative" includes only the officer's father, mother, son, daughter, husband, wife, brother, sister, father-in-law,
mother-in-law, son-in-law, and daughter-in-law. A "business associate" means any person or entity engaged in or carrying on a business
enterprise with the officer as a partner, joint venturer, coowner of property, or corporate shareholder (where the shares of the corporation
are not listed on any national or regional stock exchange).
*
ELECTED OFFICERS:
In addition to abstaining from voting in the situations described above, you must disclose the conflict:
PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you
are abstaining from voting; and
WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the min-
utes of the meeting, who should incorporate the form in the minutes.
APPOINTED OFFICERS:
Although you must abstain from voting in the situations described above, you otherwise may participate in these matters. However, you
must disclose the nature of the conflict before making any attempt to influence the decision, whether orally or in writing and whether made
by you or at your direction.
IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE
TAKEN:
. You must complete and file this form (before making any attempt to influence the decision) with the person responsible for recording the
minutes of the meeting. who will incorporate the form in the minutes. (Continued on other side)
CE FORM 88 - EFF. 1f2000
PAGE 1
APPOINTED OFFICERS (continued)
16 11 ~.
. A copy of the form must be provided immediately to the other members of the agency.
. The form must be read publicly at the next meeting after the form is filed.
IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING:
. You must disclose orally the nature of your conflict in the measure before participating.
. You must complete the form and file it within 15 days after the vote occurs with the person responsible for recording the minutes of the
meeting, who must incorporate the form in the minutes. A copy of the form must be provided immediately to the other members of the
agency, and the form must be read publicly at the next meeting after the form is filed.
DISCLOSURE OF LOCAL OFFICER"S INTEREST
I,J~~lli..;.,,-\:: _J.kv~L--1l.v4.L~s";;" ~, hereby disclose that on~~~_~/"'1::.s.~-,-::..~~____, 20!? ~.1.:
(a) A measure came or will come before my agency which (check one)
_ in~ to my special private gain or loss;
~;;ed to the special gain or loss of my business associate, _____________________________;
--,7 to the special gain or loss of my relative, -- -, r----- n ----:" -__/;:-:;::-_________________;
-~ inured to the spe3~1 gain or 10ss,of~...:.Q....L_l.2..~1l I . -lb--t-V--L:-:>-f- 1::::_ c .... _'=-~ ,-' ('"::I_________, by
whom V~etaih~/;;r0/\..- () . --
inured to the special gain or loss of _________________________________________________, which
is the parent organization or subsidiary of a principal which has retained me.
(b) The measure before my agency and the nature of my conflicting interest in the measure is as follows:
/4- (,) it ;'\'""(:"" f'..:) '<../ r- } .V 1"-1 ~ ~ I ,"- ("n.') rei (/.:( It c.. s';. .'.. "'"--
"'. ~~: ~ ,~,~u ",1,',,- t ~( t' l: ,~ "'~) I ;~"~. }_t~: ;~ "-
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(/0 ;'~ ::: e ^"0 i .\J~ ~~'-.;. ~"' 0 c,- ';> -t .:(.. l 1~8 ~ ,/-1"\7- dl'-(;- ~'I e'~.~ .
-------1LLL-(-'~.b-LL':::---::>-~S.r- 2._~.:'v ~_ --~t:'-~~-D L~~~_____
Date Filed Signature
NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES ~112.317, A FAILURE TO MAKE ANY REQUIRED DISCLOSURE
CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT,
REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A
CIVIL PENALTY NOT TO EXCEED $10,000.
CE FORM 88 - EFF. 112000
PAGE 2
COMMUNITY CHARACTER/SMART GROWTH
ADVISORY COMMITTEE
16\1
AGENDA
MEETING DATE:
December 12, 2003
MEETING TIME:
2:00 pm
LOCATION:
Collier County Government Complex
County Manager's Conference Room
3301 E. Tamiami Trail
Naples, FL 34112
I. Roll Call
II. Approval of Minutes:
a. November 25, 2003
III. GMP Language for recommendation to BeC
IV. Other Busi ness
v. Meeting Adjourned
Community Character/Smart Growth Advisory Committee
Minutes of December 12, 2003
I. Meeting called to order by Vice-Chair, Bob Murray at 2:08 pm.
Members present: Russ Weyer, Brad Cornell, Gavin Jones, Pat Pochopin, Bob Murray, Gary
Davis, Dwight Oakley, Susan McCampbell.
Members absent: Jim Lucas, Bruce Anderson, Mark Morton, Dwight Richardson.
Staff: John-David Moss, Sam Tucker, Winona Stone, Jay Sweat.
II. Group decided to leave height language to read "5 story height limit, inclusive of parking".
Committee agrees to address the height issue/number in LDC language.
Motion by Gavin Jones, Seconded by Pat Pochopin, approved unanimously.
III. Meeting adjourned.
J
Fiala ~.
Halas
Henning
Coyle
Coletta v
BtaysAOItI 811_111'""1011 M.s.1M.
Advisory Committee
2705 Horseshoe Drive South
Naples FL 34104
AGENDA FOR Januarv 14. 2004
I. CALL MEETING TO ORDER
II. ATTENDANCE
III. APPROVAL OF AGENDA
IV. APPROVAL OF MINUTES: December 10, 2003
V. TRANSPORTATION SERVICES REPORT:
A. Budget - Joanne Hartman
VI. LANDSCAPE MAINTENANCE REPORT:
A. Commercial Land Maintenance
VII. OLD BUSINESS:
A. Colledion of Insurance Fees - Risk Management
B. Effluent Service Line - Val Prince
C. Property Une Survey (Ingram's) - Bob Petersen
D. Code Enforcement
VIII. NEW BUSINESS:
A. Grant
B. Millage Rate
C. Future Improvements
IX. PUBLIC COMMENTS:
X. ADJOURNMENT
RE1~! 1
.,
JAN 0 2 2004
80ard of County Commissioners
The next meeting is Wednesday, 4:00 PM., February 11,2004
Collier County Landscape Operationfs
2705 Horseshoe Drive South
Naples, FL 34104
Corre:s:
Date: :J./ ,dw.
ItF;mHl/..p(X.)l~,
Copies To:
lJaysAOItI 811II"""",,'011 M.s.7 Jf.
Advisory Committee
2705 Horseshoe Drive South
Naples FL 34104
1611"'~
, .c..1
December 10, 2003
Minutes
I. Chainnan Bill Neal called the meeting to order at 4:00 PM.
II. ATTENDANCE:
A. Members: Bill Neal, Tom Finn, Maurice Gutierrez, Tom Welstead and Ed
McCarthy (Excused)
B. Collier County: Bob Petersen-Project Mgr/Landscape Operations, Joanne
Hartman-Operations Coordinator
C. Others: Robert Kindelan-Commercial Land Maintenance, Sue Chapin-
Manpower SelVices
III. APPROVAL OF AGENDA:
Tom Finn moved to approve the Agenda as presented. Second by Maurice
Gutierrez. Carried unanimously 3-0.
IV. APPROVAL OF MINUTES: October 8, & November 12, 2003
Tom Finn moved to approve the Minutes of October 8th & Nov. 12, 2003.
Second by Maurice Gutierrez. Carried unanimously 3-0.
V. TRANSPORTATION SERVICES REPORT:
A. Budget - Val Prince - Val has now been assigned to the Drainage MSTU's
along with other duties.
Joanne Hartman gave the Budget report. (Attached) The Committee reviewed
the SAP Budget and wishes to keep the Budget simple.
_ Budget office needs to change the name of the Bayshore MSTU by removing
"Avalon." That is not the correct name.
_ Banners are up and were discussed. The bids were - $8,800 -7,700 & 6,500.
They accepted the $6,500.
_ Trash receptacles and benches were discussed as future projects.
_ Name Change - Botanical Gardens accepted the expense of approx. $1,000
for the expenses incurred and is to go before the BCC meeting soon.
_ Bob Petersen talked about the $200,000 grant available in 06/07 or 07/08.
lt was originally for putting pedestals on the Bridge. The Committee might want
to think about using the funds for upgrading the lighting system with decorative
lighting .
VI. LANDSCAPE MAINTENANCE REPORT:
A. Commercial Land Maintenance
1. Mulching costs- was bid based on using blower.
- Fertilizer is finished.
1
_ Banners up fArms on banners are flexible and hard to 1i9J. h I 1
_ Need to replace tree & hedges that were destroyed due to accident
near Windstar.
_ Typical irrigation and paver problems resolved.
_ Will extend tree rings around Royal Palms
_ Lirope replacement & continue with orchards for ground color.
VII. OLD BUSINESS:
A. Collection of Insurance Fees - Risk Management - Joanne will have a report
for next months meeting.
B. Banners - Taken care of.
C. Effluent Service Line - Pam Lulich has been assigned this project.
D. Property Line Survey (Ingram's) - Report handed out of costs from a. Grady
Minor & Assoc. (Attached)
_ Costs were discussed and Committee felt the expenses were extensive and
should be the Counties responsibility since it is a violation of County Code.
_ The staff sUlveyor looked at the costs and felt they were in line.
_ Bill Neal suggested Bob report back to Diane Flagg with some direction of a
letter to the MSTU stating why the MSTU should pay the costs of the survey.
_ A County employee did a site check of the property in question. Bob will get
that report for the January meeting.
E. Bus shelters/CA T system for Bayshore - Bob Petersen
_ They are waiting for the ADA required pavers at Thomasson and
Bayshore.
_ Bill read part of the Bayshore MSTU Ordinance stating what can be done for
the improvements within the Bayshore MSTU. Discussion followed on trash
receptacles, shelters and other improvements within the MSTU.
F. Code Enforcement - Contact Eddy Ybaceta from Code Enforcement with
violations and they will be addressed. Pictures can be taken.
VIII. NEW BUSINESS:
. Will discuss Millage Rate at the next meeting.
. Will discuss future improvements to the Bayshore MSTU area.
. MSTU Membership tenns were discussed.
. Bob stated the BCC approved the Contract for the bridge with Thomas
Marine Construction, Ft. Meyers and will start in January 2004.
IX. PUBLIC COMMENTS: None
X. Being no further business to come before the Committee, it was adjourned at
5:15 PM.
The next meeting is Wednesday, 4:00 PM., January 14, 2004
Collier County Landscape Operations
2705 Horseshoe Drive South
Naples, FL 34104
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'11/20/2003 THU 14:39 FAX 239 947 6783 grady minor & asset
~ 002/005
Q. GRADY MINOR & ASSOCIATES, P.A.
OvU Engineers . Land Surveyors. Planners
1611
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Q. CRADY MINOR, P.E.
MARK W. MINOR,. P.Eo
C. DEAN SMrrn, P.Eo
DAVID W. SCHMITT, P.E.
MICHAELJ. DBLATE. PA
NORMAN J. TREBII..COCK,. A1CP., PA
MATIHEW J.HBRMANsoN, P.E.
November 20, 2003
D. WAYNE ARNOLD, A.LC-P.
ROBElU "BOB'" nDNNES, A.LCP.
THOMAS J. C~ P.s.M.
STEPHEN v. '6URGffi5, PS.M.
MICHAEL L HARMON, PS.M.
ALAN V. ROmMAN
Mr. Bob Peterson
Collier County Transportation Road Maintenance Department
2685 South Horseshoe Drive, Suite 212
Naples, FL 34104
RE: Survey and ~al Assistance, 2740 Bayshore Drive
Dear Mr. Peterson:
Per your request, we are pleased to provide Collier County with this Proposal to provide
professional services. These services are related to establishing the Bayshore Drive Right-of-Way
at 2740 Bayshore Drive and meeting with you and other County staff in resolving adjacent property
owner disputes concerning certain improvements at this Right-of-Way location.
The following scope of services is proposed.
1. Field locate the existing Bayshore Drive Right-of-Way at this parcel including any
available Rigbt.of- Way monumentation in the immediate area.
2. Coordinate for an Ownership and Encumbrance Report to be provided for the parcel.
This can be provided by Collier County or by an independent Title Company.
Research adjacent plats and existing County Right-of-Way Maps.
3. Prepare survey Exhibit identifying Right-of-Way lines, improvements in the area
and plat data in the area. This will be a specific purpose survey.
4. Meetings with County staff to review the findings of the survey. (2 - meetings have
been included).
We propose to provide these services on a Time and Material basis not to exceed $4,600. We
anticipate reimbursable expenses of $650. These reimbursable expenses includes $300 to $500 for
an independent Title Company to provide the Ownership and Encumbrance Report.
(2S9) 947-1144. FAX (239) 947-0375 . E-Mail: engineering@gradyminor.com
3800 Via Del Rey .. Bonita Springs, Florida 34134-7569 .. EBILB 0005 151
F:\JOB\PIWPOSAL\DWS\BP31120P.doc ?J
'11/20/2003 THU 14:40 FAX 239 947 6783 grady minor & asset
~ 003/005
16 , 1 "
-
Mr. Bob Peterson
RE: Survey and Legal Assistance
November 20, 2003
Page 2
This Proposal does not include any dispositions or testifying in Court. It does not include a full
legal survey of the parcel in question.
We have enclosed a Work Authorization for your completion and issuance of a Purchase Order.
You will need to complete the signature block and coding at the bottom of the fann.
We look forward to being of assistance to Collier County.
Very truly yours,
David W. Schmi~ P.E.
DWS:jw
Enclosure
cc: Jack Garris, P.S.M.
Q. Grady Minor, P.E.
F;\JOO\PRoroSAL\DWS\8P31120P.doc
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. 11/20/2003 THU 14:40 FAX 239 947 6783 grady minor & asset
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WORK ORDER #QGM-FT-04-02
Agreement for Fixed Term Surveying & Photog....unetric Services
Dated April 23, 2003 (Contract #02-3324)
db V;
This Work Order is for professional surveying and mapping services for work known as:
Survey and Legal Assistance, 2740 Bayshore Drive
The work is specified in the proposal dated November 20, 2003. which is attached hereto and made a part
of this Work Order. In accordance with the Terms and Conditions of the Agreement referenced above,
Work Order #QGM-FT -04-02 is assigned to Q. Grady Minor and Associates, P.A.
Scope of Work: Provide field survey and research on the existing Bayshore Drive Right-of-Way
at 2740 Bayshore Drive. Prepare specify purpose survey of the Right-of-Way at this location.
Miscellaneous meetings with County staff. Additional scope of services provided in Proposal.
Schedule of Work: Complete work as directed by County staff upon receipt of the Notice to
Proceed.
Compensation: In accordance with Article Three of the Agreement, the County will compensate
the Firm on a Time and Material basis.
Professional Fees (Not to Exceed)
Rcimbursables
Total
$4,600.00
650.00
$5,250.00
Any change made subsequent to fmal department approval will be considered an additional service and
charged according to Schedule" A" of the Agreement.
PREPARED BY:
Date
AUTHORIZ.ED BY:
Date
AUTHORIZED BY:
Date
APPROVED BY:
Date
ACCEPTED BY:
Date:
Q. GRADY MINOR &. ASSOCIATBS, P.A.
WINESSES (2):
By::
Printed Name: David W. Schmitt, P .E.
Title: Vice President
Fund:
cc:
Object Code:
Project Number:
F:\JOB\Collicr Co. Conul\cts\CCU9\WorkOrdcr-04-02.doe
to
11/20/2003 THU 14:40
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Q. GRADY ~OR & ASSOCIATFS. P.A.
_~'!.J"""'~~.1JII....-
3880 Via Del Bey
Boalla Spri..l1oridl J.41J.4
(139) 947.1144 . Fax (239) 947.0375
Emil: ~4ymiJlor.co..
E~Olt Certifitale or AlIthorizItioIl: EBOG05151
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J Collier County
CDBG
g~
itizen Advisory Task Force
December 18, 2003 - 3:00 p.m.
Financial Administration and Housing
Community Development and Environmental Services
2800 N. Horseshoe Drive, Naples, Florida 34104
Main Conference Room
I
Agenda
I
RECEIVED
(lEe 2 3 2003
board of~ounty Comn1i ss foners
I. Call Meeting to Order and Roll Call
II. Old Business
a. Approval of September 18, 2003 meeting minutes
III. New Business
a. Review and ranking of FY 2004-2005 Community
Development Block Grant (CDBG) Public Services
applications.
b. Update and approval of an extension for the State of Florida
Small Cities CDBG Program (Economic Development) for the
Manufacturing Facility" at Immokalee Regional Airport, CDBG
00-DB-6B-09-21-01-E05.
c. Review of CA TF member applications and recommendation to
Board of County Commissioners
d. Discussion regarding CDBG dollars returned by the County for
the Linwood Drainage project from FY 02-03
IV. Announcements
a. Letter from the U.S. Department of Housing and Urban Development
regarding the Annual Community Assessment 2002 Program Year-
CDBG Program
b. Date of next CA TF meeting
t~:~c. Carres:
V. Adjournment of Meeting ....... III ~
G:\CDBG\Citizen Advisory Task Force\2003 CATF Meetings\Dec 18-03 Mtg\CATF A~~d~cl -
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1611
CITIZENS ADVISORY TASK FORCE COMMITTEE
December 18,2003 Meeting
(Minutes Tentative Until Approved by the CATF)
I. The meeting was called to order at 3:02 p.m. by David Corban. There was a quorum present.
ROLL CALL
ABSENT
PRESENT
Bill McCarthy
Fred Thomas
Ellen Christian-Myers
David Corban
Russell Tuff
x
X
X
X
X
Staff Present: Financial Administration and Housing (FAH) staff - Denny Baker, Lee Combs, Rosa
Munoz, Janeen Person, Julia Langhom, Gary Young and Susan Alden.
II. Old Business
a. The minutes of the September 18, 2003 meeting were approved 5-0.
III. New Business
a. The CA TF reviewed six (6) FY 2004-2005 Community Development Block Grant (CDBG)
Public Services applications and voted that projects submitted by the Empowerment Alliance
of Southwest Florida Community Development Corporation and David Lawrence Center be
recommended to the BCC for full funding. Projects submitted by Immokalee Multicultural
Multipurpose Community Action Agency, Inc. (IMMCAA) and St. Matthew's House were
recommended for funding on the "B" list if all necessary documentation was submitted.
NOTE: a court reporter was present for this portion of the meeting and a transcript will be
available.
b. The CATF was given an update of the Small Cities Community Development Block Grant-
Immokalee Manufacturing Facility II. An extension is necessary to allow a new
participating party, Florida Architectural Products, Inc. (F AP) adequate time to create the
required jobs before the terminate date of the CDBG Award Agreement. Fred Thomas made
a motion to request a one-year extension to the CDBG Award Agreement (until March 27,
2005) from the Florida Department of Community Affairs (DCA). Russell Tuff seconded.
The motion was approved 5-0.
2
1611
c. The CA TF reviewed member applications. The three members whose terms were expiring--
David Corban, Ellen Christian-Myers and William McCarthy--all applied to continue on the
CATF. Each member excused themselves from the vote on their own recommendation to the
BCC. The motion on David Corban was made by Fred Thomas and seconded by Ellen
Christian-Myers; the vote to approve was 4-0. The motion on Ellen Christian-Myers was
made by Fred Thomas and seconded by Russell Tuff; the vote to approve was 4-0. The
motion on William McCarthy was made by Fred Thomas and seconded by Ellen Christian -
Myers; the vote to approve was 4-0.
d. A discussion was held regarding the return by the County of the CDBG funds awarded to the
Linwood Drainage project from FY 02-03. A motion was made by Fred Thomas to
reallocate all of the $329,046 to projects in Copeland. A second was made by Ellen
Christian-Myers. The motion carried 5-0. Specific proposed projects will be presented to the
CA TF by staff at the next meeting.
IV. Announcements
a. A letter from the U.S. Department of Housing and Urban Development (HUD) regarding the
2002 Program Year CDBG program was reviewed. Collier County received praise from
HUD for achievements when the County is such a new Entitlement community.
b. The date of the next CATF meeting is tentatively scheduled for February 12, 2004 at 4:00
p.m.
V. The meeting was adjourned by 5:25 p.m.
G:\CDBG\Citizen Advisory Task Force\2003 CATF Meetings\Dec 18-03 Mtg\CATF Minutes 12-18-03.doc
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J
CONSERVATION COLLIER
LAND ACQUISITION ADVISORY COMMITTEE
I 1
January 12, 2004
9:00 A.M.
jAN 0 5 2004
Board of County Commissioners
Commission Boardroom
'. W. Harmon Turner Building (Building "F") - Third Floor
I. Roll Call
II. Approval of Agenda
III. Approval of December 15, 2003 Minutes
IV. Old Business:
A. Purchase Policy Amendment Resolution
B. BCC Presentation of AAL - CCLAAC involvement
V. New Business:
A. Advisory Committee Applications
B. Sunshine Law I Voting conflicts refresher - County Attorney staff
presentation
VI. Subcommittee meeting reports
A. Budget - Marco Espinar, Chair
B. Outreach - Bill Poteet, Chair
C. Lands Evaluation and Management - Marco Espinar, Chair
D. Ordinance Policy and Procedures - Will Kriz, Chair
VII. Committee Member Comments
VIII. Public General Comments
IX. Staff Comments
X. Adjournment
AAAAAAAA*AAAAAAAA4444AkAAAAAAAAAAAAk*AAAAAAA4k**AAAAAAAAAAkA*AAAAAA444**AAA4A44AAA4AAA.444444444A*444444
Committee Members: Please notify the Environmental Services Deparbnent
Administrative Assistant no later than 5:00 p.m. on JanUary 9. 2003 if YOU cannot
attend this meeting."
r/;;;;c. Corms:
D3te;~
Item# Ilp~l~
To:
December 15, 2003
CONSERVATION COLLIER LAND ACQUISITION ADVISORY COMMIJE6 , 1
Board Meeting Room E, 3rd Floor, Administration Building
3301 Tamiami Trail East, Naples, FL 34112
6 o'clock p.m., December 15, 2003
"j
LET IT BE REMEMBERED, that the Conservation Collier Land Acquisition Advisory
Committee, in and for the County of Collier, having conducted business herein, met on
this date at 6 o'clock p.m., in REGULAR SESSION in Board Meeting Room E, 3rd Floor,
Administration Building, 3301 Tamiami Trail East, Naples, Florida, with the following
members present:
Members: Wayne Jenkins
Bill Poteet
Will Kriz
Linda Lawson
Kathy Prosser - Chair Person
Ellin Goetz
Michael Delate
Ed Carlson
Marco Espinar (via telephonic conference)
Collier County Staff: Alexandra Sulecki, Program Coordinator Bill Lorenz, Director,
Environmental Service Dept., Michael Pettit, Assistant County Attorney; Chuck
Carrington, Director, Real Estate Services
1611
.."", 6~~mber '15, 2003
The Conservation Collier Land Acquisition Advisory Committee meeting was called to
order by the Chairperson, Kathy Prosser, Monday, December 15, 2003 at 6 o'clock p.m.
I. Roll Call
Present: Wayne Jenkins, Bill Poteet, Will Kriz, Linda Lawson, Chairperson Kathy
Prosser, Ellin Goetz, Michael Delate, Ed Carlson
Absent: Marco Espinar (included in majority of the meeting telephonically)
II. Approval of Agenda
The sequence of Section IV was amended to:
A. Ranking Procedure
B. Discussion regarding partnering issues with the Florida Forever Program
C. Update of information on property reports already presented (if any)
The amended agenda was approved.
III. Approval of November 10, 2003 Minutes
The November 10, 2003 Minutes were approved.
IV. Old Business
A. Ranking procedure
Alexandra Sulecki gave a brief summary of the discussion that took place
at the Lands Evaluation and Management Subcommittee meeting, Friday,
December 5, 2003. At that meeting the Subcommittee determined the
2
Delb~ 5, r03'~
ranking procedure for properties. The Active Acquisitions List will consist
of three lists, the A, B, and C properties.
The A properties are those that the staff will actively pursue and are to
given a priority ranking on the suggested rankings of High, Medium, and
Low.
The B list properties are those that are of interest to the program, but will
not be actively pursued. They will be automatically reranked and
considered again during the next cycle, unless they are removed by the
owners or other stipulations.
The C list properties are those that the committee will not pursue or be
automatically re-ranked in the next cycle, but which may be re-submitted
in a future cycle by the owner(s).
The committee will proceed by staff providing updated information, public
input, deliberation, discussion, and the committee will agree by straw vote
on each property in alphabetical listing whether it will be on the A, B, or C
list. The committee will then vote on the priority of the A list.
Public Comment: Ron Nino asked for clarification of the ranking
procedure.
Motion to approve the ranking strategy
Approved 6: 1
B. Discussion regarding partnering issues with the Florida Forever Program
Alexandra Sulecki distributed an Executive Summary, and referred to this
summary during her brief presentation. Alexandra stated that the summary
includes problems with partnering with Florida Forever Program. Due to
the purchase policy, which does not follow state procedures of keeping
appraisals confidential until contracts are signed or until two weeks before
a contract is considered for approval by the Board of Trustees. These
procedures reflect state statutes in Florida Administrative Code
Requirements, but counties can adopt different procedures if not in conflict
with record keeping laws. Collier County procedures, having been
established by resolution 2003-195, allow the sharing of appraisal
information with the owners upon request.
It initially appeared to staff that this difference would not preclude
CCLAAC from partnering with Florida Forever, but was later determined
by Florida Forever staff to preclude partnership. If partnership (Le.,
matching funds) is not possible, pursuant to the Conservation Collier
3
'lk b G
December 15, 2003
ordinance (2002-63, Section 10(1 )(f)), CCLAAC is not permitted to expend
Conservation Collier funds for lands within another agency's acquisition
boundary.
Alexandra Sulecki has discussed the issue with the Director and Assistant
Director of the Division of State Lands. Representative Mike Davis has
contacted the Division Director on CCLAAC's behalf and discussed the
issue. The result of these conversations was that CCLAAC has been
assured that the two will be able to partner. The exact method has yet to
be identified, but the option provided in the Executive Summary is to
amend the purchase policy resolution to allow CCLAAC to adopt state
procedure, where required to partner for lands within another agency's
boundaries. It appears to be an agreeable resolution to the issue.
The staff can prepare language and bring it to the board, along with the
active acquisition list to help to determine a plan on January 27th. State
staff also advised the Board that their Board of Trustees have the ability to
accept other procedures.
Alexandra Sulecki suggests that those properties within Florida Forever
Boundaries still be considered. There will be no guarantee of purchase, as
purchase price must still be acceptable to the Board of Trustees and the
Governor, regardless of partner funding arrangements. State staff are
willing to advance the partnership to the Board of Trustees based on
purchase and appraisal prices.
Alexandra Sulecki requests direction from the committee. Alexandra
asked if the Committee would like staff to prepare an amendment to the
resolution, to change the purchase policy in the manner suggested, or if
there is another avenue that the Committee would like to take.
Ed Carlson stated that the Committee would like to partner with the other
programs.
Alexandra Sulecki to prepare the amendment to the resolution.
Chuck Carrington's opinion was requested, on behalf of Real Estate
Services. Chuck agreed with the discussion and decision of the
Committee.
Public Comment: No public comment.
The Committee approved 7:0
C. Update of Information on property reports already presented (if any)
4
Decemb156031 1
Alexandra Sulecki had three properties that required decision by the
committee.
Americas Business Park - Alexandra changed the scoring to reflect an
error on her part. Collier County had purchased some right of way for
future EastlWest Livingston Road on the south side of this parcel, which
would constitute legal access, and would improve the score. The score
change was from 362 to 378.
The property owner's agent has requested that two other scores be
changed, including Endangered Species in section 1 c2, because gopher
tortoises are known to inhabit the parcel, but Alexandra did not see them
there. There was discussion in subcommittee meetings how to do the
scoring and the decision was unless the species was seen there, they
were not to score for endangered species, only to use the species
richness score.
When EastlWest Livingston is built in the future, the property will be visible
from a major public road. If scored for future visibility, the score would be
higher. Alexandra's interpretation of the procedure was the land is to be
scored on current conditions.
Alexandra asked for a decision by the Committee, she did not feel she
could do so with out approval.
Ellin Goetz sees no reasons to change the score, since this is the highest-
ranking property.
Linda Lawson would like to see the scores reflect the current state of the
property and then a projected score for the future visibility from major
roadways.
Ellin Goetz stated that she sees no problem with the projected scores on
roadways that have already been approved.
Alexandra Sulecki states that if this is done for this parcel it will also have
to be done to Talon Land Group.
Marco Espinar announced that he could not vote on this issue, because
he is involved in the permitting on the property.
Bill Poteet believes that this is a perfect example of why this scoring
method is to be used a tool and not as ranking criteria.
5
1611
"'~ecember 15, 2003
Michael Delate addressed earlier discussions that were held before
committee. Those discussions determined that there would always be
issues like this.
Wayne Jenkins feels that any information available would be beneficial in
the consideration of a parcel. With that information being kept as accurate
as possible, the scoring sheet can maintain its role as a useful tool.
Alexandra Sulecki clarified that the information about the roadway was
presented to the Committee in the report.
Motion to accept the information as is and not to adjust the scores.
Motion approved 7:0
Marco Espinar abstained
Hack Living Trust - Alexandra Sulecki had previously advised the
Committee that the site development file was missing. The file has yet to
be found. Alexandra provided an update in regards to vulnerability. She
did find some supporting material for information that was distributed last
year that contained the site development plan and other supporting
documents. After reviewing the information, her determination was that the
parcel where the Sand Piper Bay Club sits and also includes mangroves
where part of an original 40+ acre parcel that is zoned residential multi
family six (RMF-6). A total of 240 living units were allowed, and 237 were
constructed, the Sandpiper Bay Condominium. The subsequent approval
of the development petition (STD-86-2C) within the Special Treatment
zoning overlay, stipulated that "only the uplands, landward of the
wetlands, jurisdiction line may be developed," and "no mangroves will be
removed or trimmed."
A statement provided to Collier County in July 1986, by the Naples
Sandpiper Bay Club engineers advises "the development has been
restricted to the (13.93 acre) upland area with no disturbance planned to
any portion of the surrounding wetlands." It also advises, "The surrounding
wetland areas will be retained in their natural, undisturbed condition."
The Site Development Plan states that of the 40.27 acres, 26.34 are
"D.E.R Jurisdiction Area."
The Environmental Impact Statement (EIS) submitted in May 1986 with
the development package, and the Site Development Plan state that a
"mosquito control ditch is found near the southern bounds of the parcel."
Therefore, the berm running East/West in the center is not likely related to
a mosquito control ditch.
6
Deceler G 2131
With consideration of the above, staff would like to rescore dropping
vulnerability to O. This would reduce the score from 247 to 192.
Alexandra Sulecki requested direction from the Committee.
Ellin Goetz supported the recommendation.
Motion to approve Alexandra Sulecki's recommendations approved
6:1
Haga, Langner, WeilhouwerlShader - Alexandra Sulecki provided the
following information on the suggested updates to this project. If a road is
planned to connect the Wilshire Lakes development with the future
Livingston Road which could potentially provide access to the subject
parcels: Transportation advises that no connector road is planned. A
message was left with the developer's attorney to reach the developer of
Wilshire Lakes to ask if a road is planned, but no return call has been
received as of 12/2/03.
The staff has received three letters (via email) in support of purchasing
this property.
Ed Carlson questioned if the roadways into the parcels are gated
communities where there is no public access.
Alexandra Sulecki confirmed.
Ed Carlson stated that his recollection of the discussion was to research
whether there were potential natural connections between those
properties and the County Park to the north.
Alexandra Sulecki answered that there are properties in between the
subject parcels and the County Parks.
Ed Carlson reiterated the question as if there is any possibility for any
easements or any connectivity to the County property.
Alexandra Sulecki believes there is not for public access. There are four
parcels to get easements for this access to be possible.
Gionet I Otter Mound - Alexandra Sulecki provided the following updated
information. The City of Marco Island has approved a potential purchase
7
1 ~J , 1
'';~cember 15, 2003
!
of this property, and any other Marco Island property, as long as the seller
is willing. The Marco Island Historical Society has provided information
about Otter Mound. (Alexandra Sulecki distributed this information to the
Committee) Greg Niles, Community Development Director, City of Marco
Island, advises parks are a permitted use in this zoning (residential) and
that developing a small parking area along the street would be acceptable.
Will Kriz asked for clarification that the City of Marco Island approved the
purchase by Conservation Collier and not the City of Marco.
Alexandra Sulecki confirmed.
Marco lake - Alexandra Sulecki announced that a water quality report
was provided to staff on 12/3/03. This information was distributed to the
Committee. Staff requested an analysis from the Pollution Control
Department and provided copies to the Committee via email.This
information was also offered during the meeting.
Talon land Group l TO - Alexandra Sulecki provided the following
updated information. The owner's representative has asked whether they
might retain an access easement through the parcel so they could
potentially connect the Immokalee Road South PUD to the future
Vanderbilt Drive. This appears to be problematic for conservation land,
however, staff suggestion was for them to retain a strip of land for an
access road and sell to Conservation Collier only the portion to be
preserved. This may be a good idea in any case, as real estate services
staff advised Alexandra that the west side of the property will likely be
needed in the future to run a water supply line - which would require 15 to
25 feet to be cleared. There is a settlement agreement relating to the Twin
Eagles lawsuit requiring a flow-way "wildlife corridor" to be constructed
through this parcel (described as similar to a linear excavation). The
Florida Wildlife Federation representative, Nancy Payton, has advised
staff that if the property were purchased by Conservation Collier, no
construction would be required and the water could simply flow over the
surface of the land. There is some interest by the owner in transferring
development density off of this parcel through the TOR program before
selling it for conservation, which would lower the price of the parcel. The
TOR program is not in effect at present. There will be approximately 353
residential homes built in the Immokalee Road South PUD. The PUD
Master Plan shows the area adjacent to the north property line will be
mostly preserve and some residential. The west side of the PUD will have
a wildlife corridor extending the whole north/south length with a hydrologic
connection under Immokalee Road through Twin Eagles into CREW lands
8
oecemlr &013 1
to the north. Alexandra noted that a well field easement and wellhead at
bottom right of parcel.
Mike Delate questioned the images on the map provided.
Alexandra Sulecki clarified that the map provided does not show this
particular parcel. Alexandra continued by saying that she does not know
exactly where they were looking to get an easement, but she was told that
it was on the west side.
Mike Delate pointed out that the aerial provided conflicts with the map
provided.
Public Comment: Susan Watts, Bonita Bay Group, representing the Talon
Land Group L TD, stated that when the original information was provided
(the map provided), that the middle of the property is where they would
have preferred to have the easement. Alexandra Sulecki contacted Susan
Watts and suggested that may not be appropriate for Conservation Collier,
and suggested that the east or west of the property for easement.
Visnich - Alexandra Sulecki shared with the Committee that the owner's
agent has advised that an offer has been made on this parcel.
Ellin Goetz questioned if this would change the property's eligibility.
Alexandra Sulecki stated that this would not hinder eligibility, but may add
a sense of urgency.
Wayne Jenkins asked if the offer has been accepted.
Alexandra Sulecki had not been told whether the offer had been accepted.
Fleischmann - Alexandra Sulecki provided the following updated
information. A letter of intent has been sent and appraisals have been
ordered on behalf of the Transportation Department. While staff did not
previously think Conservation Collier could consider ranking just a portion
of the parcel, after consideration, staff believes that enough is known
about the parcel to rescore and rank just that portion, if Committee would
like to consider it. Staff is not able to provide an adjusted estimate
appraisal, but when the current appraisals are done they will separate the
property into commercial, residential, and conservation portions, so that
the information will be available. Alexandra Sulecki has rescored the 13+
acres of wetlands on the property as 185. Staff does not have an adjusted
estimated appraisal, and cannot provide the value of that property.
9
December 15, 2003
1 v:... I 1 ."'~~\:
Ed Carlson feels that scoring would be difficult .. M knowing the p/ice.
Will Kriz believes that the price of the 13 acres will be irrelevant and small
on a per acre basis. In addition, he believes that the City of Naples has a
10-acre easement for conservation.
Alexandra Sulecki states that is not exactly true. The City of Naples has a
conservation designation, which is not a zoning not an easement. It simply
puts more focus on it if a development order were to come in. It does not
alter standard requirements or jurisdictions.
Will Kriz would like an appraisal of the whole parcel (50+ acres), an
appraisal of the 37 acres, to show the difference of those two as the value
of the 13 acres.
Public Comment: Robert Wylie, Collier County (Stormwater) Department
of Transportation, states that two appraisals have been ordered. Neither of
those appraisals are complete at this time and no specific information is
available.
Linda Lawson asked if there would be an evaluation of the 13 acres
already, because the land has the conservation designation on it.
Public Comment: Chuck Carrington, Real Estate Services would like to
think so, but has not seen it.
Public Comment: Scott Cameron was not prepared to give any numbers.
He has met with the two appraisers that were hired by Collier County and
was told that part of their process is to break the property down into its
components with the highest and best use analysis. Discussing this
particular property that was an important emphasis.
Kathy Prosser questioned whether the 13 acres could possibly be subject
to mitigation where the Transportation Department is concerned.
Public Comment: Robert Wylie, Collier County (Stormwater) Department
of Transportation agreed, not only just on site, but it is part of the total
Gordon River Stormwater Management System.
Kathy Prosser questions if that were the case, would there be a need for
Conservation Collier to purchase the land. The purchase would be for the
benefit of mitigation.
10
1 6 H:<~ber 1t03
Public Comment: Robert Wylie, Collier County (Stormwater) Department
of Transportation states that the entire parcel would be purchased; the
entire parcel is for sale. It is not for sale by dividing it up.
Linda Lawson has read in a letter to the County Commissioner that
Conservation Collier might be encouraged to support funding for the 13
acres.
Ed Carlson cautioned that Conservation Collier is on a limited budget, and
does not feel that consideration of a property with knowledge of price is
appropriate, unless placed on a lower priority until further information is
available.
Public Comment: Scott Cameron pointed out that the wetlands area is
approximately 25% of the whole parcel, which would put this area at less
than five million dollars.
Ellin Goetz would be friendly to reviewing the scoring of the 13 acres.
Asked to hear Alexandra's presentation
Alexandra Sulecki provided the following breakdown the 13 acre score of
185.
Ecological score 58 (in well field protection zone, wetlands,
contiguous with a water body, contiguous with other conservation lands)
Human Values/Aesthetics score 61 (next to a paved road, offers
limited opportunities for environmental education)
Parcel size score 10
Vulnerability score 0 (due to City of Naples designation
conservation)
Management score 57 (50-75% exotics, moderate exotics
maintenance)
Public Comment: Ron Nino, representing Basic Development Company,
and individual taxpayer of Collier County, does not understand why
Conservation Collier would acquire land that through normal permitting
process would be declared a conservation easement. With that
jurisdiction, it would be kept in its natural state.
Motion to deter this issue until specific project and cost information is
available. approve 6: 1
V. New Business
A. Property Ranking for Proposed Active Acquisition List
11
?"'
n 1. CJIr~ 15, 2003
n ~
~
Voting Conflicts - Marco Espinar and Kathy Prosser abstain from voting.
Marco Espinar abstained from voting due to conflict based on involvement
of permitting Americas Business Park and Erickson. He can participate in
discussion, but cannot vote on the active acquisition list.
Documentation of Marco Espinar's recommendations was provided to the
Committee.
Kathy Prosser abstained from voting due to the Conservancy owns
property that could potentially be conflict id the property is developed.
Americas Business Park
Public Comment:
Nicole Ryan, Conservancy of Southwest Florida, asked that this parcel be
placed on the A list.
Supporting Arguments:
75 acres of scrub habitat, one of the most rare and unique habitats in
Collier County, one of the habitats that have the least protection from
development, it is high and dry, gopher tortoises love it, as well as
developers, could be largest contiguous scrub parcel outside of Rookery
Bay, will be public access soon.
Judy Haner, Rookery Bay, feels the acquisition of this property is
important.
Supporting Arguments:
Important habitat
Rookery Bay supports the acquisition of this scrub
It is expensive, and it's not going to get cheaper
Nancy Payton, Florida Wildlife Federation, asked that this parcel be
placed on the A list, with a ranking of high.
Supporting Arguments:
Unique, large parcel, in the northern part of Collier County
12
December 15, 2003
Motion to place this parcel on the A list approved 7:0
Motion to rank this parcel High approved 7:0
1611
Dixie Sky
Public Comment:
Nicole Ryan, Conservancy of Southwest Florida, asked that this parcel be
placed on the A list.
Supporting Arguments:
Within Fakahatchee Preserve
Partnership opportunities
Conservation designation, should be good price
Important Area
Judy Haner, Rookery Bay, asked that the Committee keep in mind that
even though this parcel is on the State's B list, that those properties are
not being actively pursued.
Brad Cornell, Collier County Audubon Society, thinks that the state should
be encouraged to purchase this property.
Will Kriz would like to place this parcel on the C list
Supporting Arguments:
This property is a very irregularly shaped parcel
25 miles from Naples
Surrounded by hundreds of thousands of acres of conservation land.
Wayne Jenkins would like to place this parcel on the C list.
Supporting Arguments:
Does not see any danger of this land being developed
It is off State Road 29
Part of the Save our Everglades Program
Ed Carlson would like to place this parcel on the B list.
Supporting Arguments:
13
December 15, 2003
Low vulnerability
Location
... 6 1111
Linda Lawson would like to place this parcel on the A list.
Supporting Arguments:
Partner with the State
Ellin Goetz would like to place this parcel on the A list.
Supporting Arguments:
Scored very high on total score
Second lowest price per acreage
Mike Delate agreed with Ellin Goetz
Kathy Prosser encourages the Committee to place this parcel on the A list
Supporting Arguments:
There is no limit on the number of properties to be placed on the A list
Can go back and rank high, medium, and low
Motion to place this parcel on the A list approved 4:3
Motion to rank this parcel low approved 7:0
Erickson Property
Public Comment:
Nicole Ryan, Conservancy of Southwest Florida, asked that this parcel be
placed on the A list.
Supporting Arguments:
One of the most rare and unique habitats in Collier County, one of the
habitats that have the least protection from development, it is high and
dry, gopher tortoises love it, as well as developers, could be largest
contiguous scrub parcel outside of Rookery Bay, will be public access
soon.
14
· DeoIb. {0031
Nancy Payton, Florida Wildlife Federation, would like this parcel to be
placed on the A list.
Supporting Arguments:
North Naples rare habitat
Motion to place this parcel on the A list approved 7:0
Motion to rank this parcel high-approved 7:0
Fleischmann
Public Comment:
Nancy Payton, Florida Wildlife Federation, would like to place this parcel,
13 or 50 acres, on the C list
Supporting Arguments:
Never intent of Conservation Collier to underwrite the County's mitigation
obligations
This is a Public Works project
No opportunity for people to enjoy this land or appreciate it
Parks and Recreation should be consulted to make use of the lake, and
opportunity to view wetlands
Brad Cornell, Collier County Audubon Society, would like to place this
parcel on the B list, if used for access only
Supporting Arguments:
Conservation Collier money is not supposed to be used for County
mitigation.
Scott Cameron, representing owner of the property, would like to place
this parcel on the A list
Supporting arguments:
Ordinance 2-2-63 states that acquiring, protecting, and managing
environmentally sensitive land to recharge the county's aquifers, protect
its wetlands, and surface water resources, to ensure the delivery of clean
water supplies
Nothing in the 13 acres is contrary to this
15
December 15. 2003
Motion to place this parcel (13 acres) on B list denied 4:3
Motion to place this parcel (50 acres) on C list approved 4:3
1611
..,
,
~I
Gionet
Public Comment:
Betsy Perdichizzi, President of Marco Island Historical Society, would like
to place this parcel on the A list
Supporting Arguments:
Owner wants the property saved
Small property
Only shell mound in Collier County that may be made into a park
Most vulnerable
If Conservation Collier does not buy it, it will be lost
Owners are taking the financial burden in efforts to save the land
Florida Forever has been disingenuous
Outhouse on property, last on Marco Island
Shellman
Evidence of Pioneer activity
Ellin Goetz, if Conservation Collier places this parcel on the A list, then a
partnership with Florida Forever would be possible
Alexandra Sulecki states that she has spoken to the Florida Forever staff
in regards to this. Conservation Collier purchase policy allows the offer of
100% of appraised value. Florida Forever staff has told Alexandra that
they would bring it in front of the Board of Trustees if Conservation Collier
offered 100% of the appraised value and then ask Florida Forever to
partner at 50%.
Motion to place this parcel on the A list approved 7:0
Motion to rank this parcel high-approved 7:0
Hagga, Langner, WeilhouwerlShader
Public Comment:
16
Decel' 67 1
Robin Hill, WeilhouwerlShader, would like to see this parcel placed on the
A list
Supporting Arguments:
75-80 contiguous acres
Ed Carlson thinks there is a lot of potential here and would like staff to
investigate potential connection with the County Park land
Will Kriz would like to add a condition. He would like to see that if this
property is pursued that at least two connecting properties be acquired.
Motion to place these three parcels being place together on the B list
approved 7:0
Hack
Public Comment:
No Public comments at this time
Motion to place this parcel on the C list approved 7:0
Harned
Public Comment:
Brad Cornell, Collier County Audubon Society, would like to place this
parcel on the A list.
Supporting Arguments:
Part of Rural Fringe Protection Strategy
In sending land
Moderate access
Motion to place this parcel on the A list denied 5:2
Motion to place this parcel on the B list approved 7:0
17
December 15, 2003
Malt
16 , 1 .... ".
Public Comment:
Nicole Ryan, Conservancy of Southwest Florida, would like place this
parcel on the A list.
Supporting Arguments:
State has been very hard to acquire for years
Conservancy and other organizations have all a partnership
Opportunity for partnership
Tidal Marsh area
District permit in hand
Very vulnerable
Nancy Payton, Florida Wildlife Federation, would like to place this parcel
on the A list
Supporting Arguments:
Vulnerable to high-rise development
Judy Haner, Rookery Bay, would like to place this parcel on the A list.
Supporting Arguments:
Density document that the County granted
Motion to place this parcel on the A list approved 7:0
Motion to rank this parcel high-approved 6: 1
Marco Lake
Public Comment:
Ron Nino, Basik Development Company, would like to place this parcel
on the A list, with a favorable prioritization.
Supporting Arguments:
Conservation Collier has received a letter from City of Marco Island
Environmental Specialist, Nancy Richie.
18
December 15, 2003
Marco Island supports intention that the property has environmel~l~ ..~~.
Motion to place this parcel on the C list approved 6: 1
Mcintosh
Public Comment:
No Public Comment
Ed Carlson does not think the value is there
Will Kriz agrees with Ed. Wants to acquire a parcel on that corner.
Wozniak property is superior.
Mike Delate states that parcel has never had high ecological value,
severely bad drainage, and would be very difficult to bring that parcel back
to an acceptable ecological value. Wozniak is superior.
Bill Poteet mentions that the neighborhood overwhelmingly supports the
purchase of the property. Many letters of support have been received.
Motion to place this parcel on the A list denied 4:3
Motion to place this parcel on the B list approved 7:0
Moore
Public Comment:
No Public Comment
Ed Carlson would like to place this parcel on the C list
Supporting Arguments:
Access problems
19
Small unit
Dr6ri~!
Ellin Goetz thinks that the parcel has value only if there is a greater
number of parcels in the area that nominate in the program
Motion to place this parcel on the C list approved 7:0
NGGE Unit 53
Public Comment:
Nicole Ryan, Conservancy of Southwest Florida, would like this parcel
placed on the A list
Supporting Arguments:
Unique opportunity for a long-term strategy
Fairly priced
Brad Cornell, Collier County Audubon Society, would like to place this
parcel on the A list
Supporting Arguments:
Important to ecosystem of that area
Motion to place this parcel on the A list approved 7:0
Motion to rank this parcel medium approved 7:0
Roth
Public Comment:
Harry Long, Berkshire Village Villas, would like to place this parcel on the
A list
Supporting Arguments:
Attracts wildlife
20
December 15, 2003
Motion to place this parcel on the C list approved 7: 0
161 ,
Schroen
Public Comment:
No Public Comment
Motion to place this parcel on the C list approve 7:0
Talon Land Group
Public Comment:
Nancy Payton, Florida Wildlife Federation, would like this parcel placed on
the A list
Supporting Arguments:
Regional conductivity
Connects 4 miles north to CREW lands
Location is prime
Easily accessible
Opportunity to enhance wetlands
Nicole Ryan, Conservancy of Southwest Florida, would like to place this
parcel on the A list
Supporting Argument:
Regional flow way for Collier County
Franklin Adams, private individual, would like this parcel placed on the A
list.
Supporting Arguments:
Adjacent property owner in support of this effort
Abuts a park
Near future schools
Accessible
Trails on property
21
December 15, 2003
1611f
Brad Cornell, Collier County Audubon Society, would like to place this
parcel on the A list.
Supporting Arguments:
Regional ecological valued property
Motion to place this parcel on the A list approved 7: 0
Motion to rank this parcel high-approved 7:0
Varela
Public Comment:
No Public Comment
Motion to place this parcel on the C list approved 6: 1
Visnich
Public Comment:
Nicole Ryan, Conservancy of Southwest Florida, would like to place this
parcel on the A list.
Supporting Arguments:
Adjacent to Veterans Park
Endangered plants
Great for public access
Vulnerability to development
Nancy Payton, Florida Wildlife Federation, would like to place this parcel
on the A list.
Supporting Arguments:
Special, unique, urban parcel
Plenty of opportunity for people to access and view them
Next to County Park
Educat~nalopportun~es
22
December 15, 2003
High profile
1611
Motion to place this parcel on the A list approved 7:0
Motion to rank this parcel high-approved 7:0
Wozniak
Public Comment:
No public comment
Motion to place this parcel on the A list approved 7:0
Motion to rank this parcel medium approved 7:0
Motion to accept the completed list approved
B. BCC Presentation of AAL - CCLAAC involvement
Alexandra Sulecki informs the Committee that the staff schedule is to
submit the Active Acquisition List (AAL) to the Collier County Board of
County Commissiners on January 27. She will also be taking the
resolution to change the purchase policy at that same meeting. The
CCLAAC can determine how they will participate in the AAL presentation
at the January 12 CCLAAC meeting.
VI. Subcommittee meeting reports
A. Budget - Marco Espinar, Chair
Marco Espinar was absent at this time.
B. Outreach - Bill Poteet, Chair
C. Lands Evaluation and Management - Marco Espinar, Chair
Marco Espinar was absent at this time
D. Ordinance Policy and Procedures - Will Kriz, Chair
none
23
December 15, 2003
VII. Committee Member Comments
16 11 ~ '~;.'~
:.~ ~ '1-;.
...
....-l
VIII.Public General Comments
IX. Staff Comments
Alexandra Sulecki was prepared to inform the Committee about the
Convention in Amelia Island. She decided to wait until the 12th.
X. Adjournment
There being no further business for the good of the County of Collier, the
meeting was adjourned by the order of the Chair at 9: 11 p.m.
Conservation Collier Land Acquisition Advisory Committee
Chairperson (Kathy Prosser)
24
RECEIVED
COLLIER COUNTY TOURIST DEVELOPMENT COUNCJAN , ~4:f "".
Monday, January 26, 2004, 9:00 A.M. - Noon Board of County COOIlI 5510
Collier County Government Center, Administration Bldg. F, 3rd Floor flerS
3301 East Tamiami Trail, Naples, FL 34112
MEETING AGENDA & NOTICE
II
CHANGES AND APPROVAL OF AGENDA
/
rlala, /'~
Haias -'--
Hen"'ng~L-
coyle _._-~-
Coletta ^_. --
I
CALL TO ORDER
II
ROLL CALL
IV APPROV AL OF TDC MINUTES- December 22, 2003
V STAFF REPORTS
1. Director's Report- Jack Wert
2. Sales Manager Report- Debi DeBenedetto
3. P.R. Report- JoNell Modys
4. Film Coordinator Report- Maggie McCarty
5. Inquiry Report - Jack Wert
a. Phase V - Fulfillment & Call Summary
b. Golf Pac-Golf Inquiries
6. Search Engine Marketing Report-Jack Wert
VI CATEGORY "A" BEACH PROJECTS- Ron Hove", Public Utilities Engineering Dept.
1. Hideaway Beach Designation as Vital Tourism Area Subject to Abnormal Erosion
2. Hideaway Beach Monitoring- 2004 Engineering Services
3. County/City of Naples Public Information Program- Phase 2 Proposal
4. Information Items
a. County/City of Naples Beach Renourishment Project Scope and Funding and
Schedule
b. Hideaway Beach Renourishment Project Schedule Update
VII OLD BUSINESS
VIII NEW BUSINESS
IX ANNOUNCEMENTS
X AUDIENCE INPUT & DISCUSSION
XI COUNCIL DISCUSSION
XII NEXT MEETING DATE/LOCATION-January 26,2004- Workshop
February 23, 2004
XIII ADJOURNMENT
** All interested parties are invited to attend, and to register to speak and to submit their objections, if any, in writing, to the
board prior to the meeting if applicable.
** For more information, please contact Jack Wert at (239) 403-2402.
** If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are
entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities Management ,
Department located at 3301 East Tamiami Trail, Naples, FL 34112, (239) 774-8380.
** Public comments will be limited to 5 minutes unless the Chairman grants permission for additional time. 'Q! C' "-...,
** Collier County Ordinance No. 99-22 requires that all lobbyists shall, before engaging in any lobbying activ[ttl!-s'c"including,
but not limited to, addressing the Board of County Commissioners) before the Board of County Commissioners and its
advisory boards, register with the Clerk to the Board at the Board Minutes and Records Departmen~ 'b1/ (7:)d)! #,t'<1H
f>CJ /lIfe :2121
~(""0Jlr"" ~~'.."'.~I~
...' ". , _~ '-:, I I
COLLIER COUNTY TOURIST DEVELOPMENT COUNCIL
WORK SESSION AGENDA
COLLIER COUNTY HEALTH SERVICES BLDG. H
SECOND FLOOR CONFERENCE ROOM NO. 216
JANUARY 26, 2004
1:00 -5:00 P.M.
I CALL TO ORDER
II ROLL CALL
III CHANGES AND APPROVAL OF AGENDA
IV OLD BUSINESS
Possible Increase of Tourist Development Tax to 4%
V NEW BUSINESS
VI ANNOUNCEMENTS
VII AUDIENCE INPUT & DISCUSSION
VIII BCC/TDC DISCUSSION
IX NEXT TDC MEETING DA TE/LOCA TION
February 23,2004 - County Commission Chambers
X ADJOURNMENT
l~, 1-.
J
~ia'a
f\a\a~.
Henf\\I'IQ
Gcl' \~
FOR E S jilleltll
LAKES
16 'AfcEIV..... D.
!~ 0 8-i4
/
. . , .. .' ,a d. f ,C,ount~ Commissioners
ROAD" A' AND DRAINA(J~ ~l.~.I.l .
ADVISORY COMMITTEE
2705 HORSESHOE DRIVE soum
NAPLES, FL 34104
A2enda
Januarv 21. 2004
I. CALL MEETING TO ORDER:
IT. ATTENDANCE:
III. APPROVAL OF MINUTES: December 17, 2003
IV. APPROVAL OF AGENDA:
V. TRANSPORTATION SERVICES REPORT
A. Budget - Tessie Sillery
VI. OLD BUSINESS
A. Updated Report by Wilson-Miller - Craig Pager
B. Update on Turn Lanes
C. Pot Holes
D. Ordinance Revision
E. Finance Committee Meeting
F. Easements Update
vn. NEW BUSINESS:
A. Meeting with Commissioner CoylelDiane Flagg - Bob Jones
VIn. PUBLIC COMMENTS
IX. ADJOURNMENT
The next lIIeetillJ! will be Felmwl'J' /8!...201J4 at w:oo ,1-,lI.
t r THE' FORL\TfAKE\' ell/rUfOUSE
I flSH Forc...r 1.(l/ic... Orirc
Vaplc..., FI. 3"! 05
l.,~(;rrf$:
oc.~e:~~
I~l.t:) \ A-Il
1
;..: To:
1611
I~..
. t
I
~-'OREST
LAKES
ROAD\VA \' AND DI~AINAGE M.S.T.l .
ADVISORY COMMI'ITEE
2705 HORSESHOE DRIVE SOUTH
NAPLES, FL 34104
Minutes
December 17.2003
I. The meeting was called to order at 10:05 AM by Chairman Robert Jones.
n. ATTENDANCE:
Members: Bob Cunningham, Roger Somerville, Virginia Donovan, Bob
Jones, Bill Seabury (Excused).
County: Val Prince-Landscape Operations, Tessie Sillery-MSTU
Operations Coordinator, Diane Flagg-Director Traffic Operations-ATM-
Landscape Operations,
Others: Robert Kindelan-CLM, Craig Pajer & Rebecca King -Wilson
Miller, Sue Chapin-Manpower Services & approx. 10 residents. (Sheet
attached)
m. APPROVAL OF MINUTES: November 19, 2003
Roger Somerville moved to approve the minutes of November 19,
2003. Sec:ond by Virginia Donovan. Carried unanimously 4-0.
IV. APPROVAL OF AGENDA:
Add - Under V. B. Executive Summary - Budget Amendment
- Under VII. C. E-mails/Title Issues
D. Ordinance Revision
E. Funding Considerations - Finance Committee
VI. C. Pot Holes
Roger Somerville moved to approve the Agenda as amended. Second
by Virginia. Carried unanimously 4-0.
V. TRANSPORTATION SERVICES REPORT
A. Budget - Val Prince - Tessie handed out and explained the various line
items in the Budget. (Attached)
B. Exec:utive Summary - The $587,000 Budget Amendment was approved
and will be moved into the correct account. Approx. revenues received
thus far are $90,134.
1
VI.
1.0\\
:~
OLD BUSINESS
A. Report by Wilson-Miller - Craig Pager (Attached)
1. Update on Specification Contract - Handed out Additional Services
Authorization Sheet. Phase 5-Roadway Repaving Master Plan - $18,500
Phase 6 -Design Phase 1 Drainage
Improvements - $45,000
Phase 7-Prepare Legal Description & Sketch for
Easements (acquisition by County) - $6,000
Phase 8 - On call Services - $30,000
(All Fixed Fees)
He stated the County is talking about possibly a Bond issue and lor
alternative financing so that the money would be up front to do all the
drainage improvements and repaving at one time. If not bonding they can
address the most immediate needs of paving the roadways.
The Committee would decide when they would schedule the various
phases. Craig explained the different phases. He showed the design of the
drainage improvements (phase 6) - and after the Committee approves; the
County will issue a Work Order to Wilson Miller so they can begin the
Design and prepare the Plans and Specifications and will then be bid out
to Contractors for construction.
Procedure to follow:
. Time for design - 60 days from Notice to Proceed from County
. Plans & Specifications
. Public Advertisement (30 days)
. Open Bids
. Reviewed by Consultant
. Do Executive Summary
. Award Bids
. Sign Contracts
. Reviewed (90 days)
. Could be higher costs if done during rainy season
. County procedures need to be followed - could be 7 months before
work can be started.
. Easements must be acquired from the Golf Course and a legal
description needs to be written for the roadway and ditch at
Fairway Lakes at Emerald Greens and Emerald Greens Condo
Assn. Title Company can check ownership rather quickly.
Roger Somerville moved to approve Phases 5, 6, 7, and 8 that was presented
by Wilson Miller.
Roger amended his motion to include - Wilson Miller will complete the
Design for Phase 6 in 60 days from receipt of Notice to Proceed from the
County, Phase 5 & 7 will be done 30 days from receipt of Notice to Proceed
from the County, and Phase 8 as needed with no time frame involved.
2
16\1~'
Bob Cunningham amended his second. Carried unanimously 4-0.
B. Update on turn lanes onto Pine Ridge from Forest Lakes Main
Entrance - Val handed out a memo from Bob Tipton that the work will
be started in January 2004. (Attached)
C. Pot Holes - Bob Jones
Bob addressed the pot hole issues and handed out Exhibit "A-I"
(attached) from Bonness Inc. for hot mix asphalt repairs addressing the
problems for a bid price of $1,152. 80. Val suggested an annual
Contract to keep up on the repairs rather than being called each time a
repair needs to be done. Only has price to fill pot holes now.
The committee had previously decided to wait on the overlay work until
the drainage work was done.
As per Exhibit "A" (attached) - Val found the County Attorney's opinion
is the easements need to be acquired before any work can be done.
Vll. NEW BUSINESS:
A. Results of special meeting with Golf Course - Bob Jones
Notes were handed out of the meeting and Bob gave a short report.
(Attached) He reiterated the Golf Course Board stated they would allow the
County the easements when they see the costs and schedule of events to be
done for the drainage issues.
B. Ownership of W oodshire Lane - Val Prince - Title Search (attached)
Val found the registered agent of Woods hire Lane is Lloyd Sheehan. (Forest
Lakes Estate, Inc.) He is the developer of the majority of the area.
C. Woodshire Lane - E-mailsffitle Issues
No improvements can be made until the necessary documents for Title
research are done and acquired for easements within the Forest Lakes MSTU
The County can not ask anyone to remove the stop sign and lor the speed
bump until authorization is given from the owner.
Val Prince suggested they proceed with getting easements from all the areas
in Forest Lakes that need to be acquired in order to proceed with the drainage
issues proposed by Wilson Miller.
Discussion followed on the ownership of the roadway properties. The
Committee stated they already have the needed information of ownership.
A map was handed out (attached) of Plat Book 12, Page 41 & 42, (unplatted
golf course) in which it was noted: Maintenance of the swale drainage and
lake systems shall be the responsibility of Forest Lakes Homes, Inc.
Roger Somerville stated they have researched this information in the past and
found there are no right-of-ways for Emerald Greens, there are easements for
3
the single family homes and for Turtle Lakes on Forest Lakes Blvd. Tes16 I 1
asked the Committee for copies of the information since it could not be gotten
from the records researched thus far.
Val Prince handed out the Title Search Re: Fidelity Service Corp, for the
Apparent Title vested in Forest Lakes Estates, Inc. By Warranty Deed.
(Attached)
He also handed out "Attorneys Title Insurance Fund, Inc." providing deeds
and easements at the approx. cost of $300.00 per parcel. Total estimated cost
is $21,000 for searching, mapping and providing copies found in the public
records.
D. Ordinance Revision
Exhibit "B" (attached) discussed the Forest Lakes Ordinance, the defined
boundaries, and a Drainage Master Plan for Forest Lakes and revision of the
Ordinance.
The Committee is very frustrated with the County not following through on all
these issues in the past and don't feel they should have to pay for all the
information now needed that should have been gotten in the past.
It was decided the Committee meet with their County Commissioner to
discuss their concerns and issues. Tessie will set up a meeting with Chairman
Bob Jones, Diane Flagg and Commissioner Fred Coyle.
Exhibit "C" e-mail (Attached) stated the Committees concern with the
exotics, roots, leaves, branches and other debris from the Naples Bath &
Tennis Club which is clogged and restricts the ditch inverts and cross sections.
This is a common property line that the Forest Lakes MSTU has tried to
maintain over the past years.
Exhibit "D" - (Attached) Memo from Engineering Services Dept. Tom Kuck.
This is in reference to defining a road vs. a driveway.
Val suggested holding a public informational meeting for all those residents
within the MSTU interested in what the Committee and Wilson Millers Plan
includes so they are all informed. The date is January 12, 2004 at 7:30 PM at
the Vineyards.
More discussion was held on right-of -way entry, title research, fixing the pot
holes legally and most importantly the easements.
E. Funding Considerations & Finance Committee
Val talked about getting the projects done in the most cost effective way all at
once; and Wilson Miller completing the plans. They need to discuss
alternative ways of acquiring the funds, such as an MSBU, raising the current
4
1611
millage rate or a bond issue, rather than spreading the work out over 10-15
years. If they increased the millage rate, when the work is finished, and the
maintenance is being done, the millage rate can be decreased.
Bob Jones did not support the Public meeting nor did the Committee support
pursuing the easements to proceed any further.
Bob Cunningham stated the residents need to be updated on what the MSTU
is doing.
VllI. PUBLIC COMMENTS
Ernie Carroll stated the Committee should proceed with the easements as they
have no other alternative, and to transfer the portion of the road they researched
over to the golf course.
Discussion followed on Emerald Greens, submitting documents, proceeding
with easements to the golf course and getting them turned over to the MSTU.
Bob Jones asked Mr. Carroll to provide the paper work as proof of ownership of
Emerald Greens being community property.
Bob Cunningham moved to have Bob Jones meet with Diane Flagg and
Commissioner Fred Coyle. When discussing the Attorneys Tide Fund, if
they all feel the easements are needed, the Committee authorizes Bob Jones
to act on their behalf and have the County proceed with punuing them at
an estimated cost of $21,000 or less, as needed.
Second by Roger Somerville. Carried unanimously 4-0.
(Bob Cunningham left at 12:00 noon)
Drainage easements were discussed. Craig Pajer suggested the County contact
Forest Lakes Homes to assign the easements to the MSTU
Bob Jones moved to authorize Val Prince to contact Forest Lakes Homes to
assign the easements of Woods hire Lane to the MSTU. Second by Virginia
Donovan. Carried unanimously 3-0.
IX. Being no further business to come before the committee, the meeting
adjourned at 12:10 PM.
Tlte /1(~xl meeting will he .foul/or)" 2 h.~ 2()tJ3 al J 0:.00 A. M.
I r JIIE Ff)RESr rAKES ('I lBI/(){'SE
I tJ58 lore,' rall/'s I>rh'c
Vop/e\, Fr 34/ (){
5
Fiala
Halas
Henning
Coyle
Coletta
It u (~
J.. ,~) M .l
F()I~ES1~
LAKES
ROAD\VA Y AND ()I~AINAGE \LS.T.t.
RECEtVED
.IAN 0 8 200~
ADVISORY COMMITTEE
2705 HORSESHOE DRIVE SOUTH
NAPLES, FL 34104
Board of County Commissioners
Summary of Minutes & Motions
Decem berl7, 2003
III. Approval of Minutes - November 19, 2003
Roger Somerville moved to approve the minutes of November 19,
2003. Second by Virginia Donovan. Carried unanimously 4-0.
IV. Approval of Agenda:
Add - Under V. B Executive Summary~' Budget Amendment
Under VII. C. E-mails/Title Issues
D. Ordinance Revision
E. Funding Consideration -- Finance Committee
VI. C. Pot Holes
Roger Somerville moved to approve the Agenda as amended. Second by
Virginia. Carried unanimously 4-0.
VI. Old Business:
A. Report by Wilson-Miller - Craig Pajer (Attached)
I. Update on Specification Contract ~ handed out Additional Services
Authorization Sheet. (Attached)
Phase 5-Roadway Repaving Master Plan - $] 8,500
Phase 6-Design Phase 12 Drainage Improvements - $45,000
Phase 7-Prepare Legal Description & Sketch for Easements
(acquisition by County) - $6,000
Phase 8-0n call services - $30,000
(All fixed fees)
Roger Somerville moved to approve Phases 5,6, 7, & 8 that were
presented by Wilson Miller. Second by Bob Cunningham.
Roger amended his motion to include - Wilson Miller will complete
the Design for Phase 6 in 60 days from receipt of Notice to Proceed
from the County, Phase 5 & 7 will be done 30 (jays from receipt of
Notice to Proceed from the County. and Phase 8 as needed with no
time frame involved.
Bob Cunningham amended his second.
Carried unanimously 4-0.
L
CG;T~:;S:
Date-:
I~n!,'\,l!
........; Ii 1t
1
C'\,,."ir(' To'
J't--' I L.~) .
B. Pot Holes - Rob .Tones
After discussion, as per Exhibit "A" (attached) - Val found the County
1611
i\ttorneys opinion to be
<3".,<3n.,<3nt., n<3<3r! t" h<3 ".~(1u'r<3{-I hef""r<3 "n" ",,,rl,.- ""n
""'.......,v......._. ...., .,.__~ "'..I ......_ ....."""1 .1..1.."""'-1- tJ' .1.'-'._ fd,.I. ,'I ....'-'l...... ""'4.'
be done.
VII. New Business:
C WoodshireLane - E-mails & Title issues
No improvements can be made until the necessary documents fi)r Title
research arc done and acquired for casements wlthlll the Forest Lakes MSTU.
The County cannot ask anyone to remove the stop sign and/or the speed bump
until authorization is gi ven from the owner.
A lengthy discussion followed on the ownership, easements and right-of-
ways for ~mc,'ald l:;,'ceus.
D. Ordinance Revision
Lxhibit "8" (attached) discussed the Forest Lakes Ordmance, the defined
boundaries and a Drainage ~1aster Plan for Forest Lakes and revision of the
Ordinance
The Committee is Very frustrated with the County not followinll throullh on all
J J ~ ~
these issues III the past and don't fcclthey should have to pay for all the
III formatiOn now needed that should have bt:cn gotten HI the past.
It was decided Bob Jones, Chairman, meet with Diane Flagg and Commission
rrcd Coyle.
A public informational meeting was suggested for all residents within the
IVlSTU to diSCUSS and explain Wilson MiHcrs Plan.
E. Funding Considerations & Finance Committee
^ Itp......"t'v" "!'H"" "ffl,nr!,oo ""." ...1,,,,,,,,,,,,,...1 ,0"1,,...1,00 th" n"s",hl'l1tv "fa h"or!
"- ".1......,.. ...,."........ _ .........) v.......... "',-,,"..-..Ib ...".....OJ _IV_\..4oJo..JI__ 11.-........-....0 to. .- t'........ v....... .......)......... "'..........-
Issue.
VIII. Public Comments:
Bob Cunningham moved to have Bob Jones meet with Diane Flagg and
Commissioner J:;'red Coyle. When discussing the Attomeys Title J:;'und if they aU feel
the easements are needed, the Committee authorizes Bob Jones to ad on their
behalf and haH.~ the County pwceed with pursuing them at an estimated cost or
$21,000 o,'less, as needed. Second by Rogei'Somc,'viHe. Canied unanimously 4-0.
Bob Jones moved to authorize Val Prince to contact Forest Lakes Homes to assign
the easements to Woodshii'e Lanc to the MSTlJ. Second by Vit'ginia Dono\-'an.
CalTied unanimously 3-0.
2
1611
"
FOREST
LAKES
RO.\D\VA Y ANn DRAINAGE M.S.T.l .
ADVISORY COMMI'ITEE
2705 HORSESHOE DRNE soum
NAPLES, FL 34104
Minutes
December 17. 2003
I. The meeting was called to order at 10:05 AM by Chairman Robert Jones.
n. ATTENDANCE:
Members: Bob Cunningham, Roger Somerville, Virginia Donovan, Bob
Jones, Bill Seabury (Excused).
County: Val Prince-Landscape Operations, Tessie Sillery-MSTU
Operations Coordinator, Diane Flagg-Director Traffic Operations-ATM-
Landscape Operations,
Others: Robert Kindelan-CLM, Craig Pajer & Rebecca King -Wilson
Miller, Sue Chapin-Manpower Services & approx. 10 residents. (Sheet
attached)
m. APPROVAL OF MINUTES: November 19~ 2003
Roger Somerville moved to approve the minutes of November 19,
2003. Second by Virginia Donovan. Carried unanimously 4-0.
IV. APPROVAL OF AGENDA:
Add - Under V. B. Executive Summary - Budget Amendment
- Under VII. C. E-mails/Title Issues
D. Ordinance Revision
E. Funding Considerations - Finance Committee
VI. C. Pot Holes
Roger Somerville moved to approve the Agenda as amended. Second
by Virginia. Carried unanimously 4-0.
V. TRANSPORTA nON SERVICES REPORT
A. Budget - Val Prince - Tessie handed out and explained the various line
items in the Budget. (Attached)
B. Executive Summary - The $587,000 Budget Amendment was approved
and will be moved into the correct account. Approx. revenues received
thus far are $90,134.
1
1611
VI. OLD BUSINESS
A. Report by Wilson-Miller - Craig Pager (Attached)
1. Update on Specification Contract - Handed out Additional Services
Authorization Sheet. Phase 5-Roadway Repaving Master Plan - $18,500
Phase 6 -Design Phase 1 Drainage
Improvements - $45,000
Phase 7-Prepare Legal Description & Sketch for
Easements (acquisition by County) - $6,000
Phase 8 - On call Services - $30,000
(All Fixed Fees)
He stated the County is talking about possibly a Bond issue and lor
alternative financing so that the money would be up front to do all the
drainage improvements and repaving at one time. If not bonding they can
address the most immediate needs of paving the roadways.
The Committee would decide when they would schedule the various
phases. Craig explained the different phases. He showed the design of the
drainage improvements (Phase 6) - and after the Committee approves; the
County will issue a Work Order to Wilson Miller so they can begin the
Design and prepare the Plans and Specifications and will then be bid out
to Contractors for construction.
Procedure to follow:
· Time for design - 60 days from Notice to Proceed from County
. Plans & Specifications
. Public Advertisement (30 days)
. Open Bids
. Reviewed by Consultant
. Do Executive Summary
. Award Bids
. Sign Contracts
. Reviewed (90 days)
· Could be higher costs if done during rainy season
· County procedures need to be followed - could be 7 months before
work can be started.
· Easements must be acquired from the Golf Course and a legal
description needs to be written for the roadway and ditch at
Fairway Lakes at Emerald Greens and Emerald Greens Condo
Assn. Title Company can check ownership rather quickly.
Roger Somerville moved to approve Phases 5, 6, 7, and 8 that was presented
by Wilson Miller.
Roger amended his motion to include - Wilson Miller will complete the
Design for Phase 6 in 60 days from receipt of Notice to Proceed from the
County, Phase 5 & 7 will be done 30 days from receipt of Notice to Proceed
from the County, and Phase 8 as needed with no time frame involved.
2
1t~11
Bob Cunningham amended his second. Carried unanimously 4-0.
B. Update on turn lanes onto Pine Ridge from Forest Lakes Main
Entrance - Val handed out a memo from Bob Tipton that the work will
be started in January 2004. (Attached)
C. Pot Holes - Bob Jones
Bob addressed the pot hole issues and handed out Exhibit" A-I"
(attached) from Bonness Inc. for hot mix asphalt repairs addressing the
problems for a bid price of$I,152.80. Val suggested an annual
Contract to keep up on the repairs rather than being called each time a
repair needs to be done. Only has price to fill pot holes now.
The committee had previously decided to wait on the overlay work until
the drainage work was done.
As per Exhibit "A" (attached) - Val found the County Attorney's opinion
is the easements need to be acquired before any work can be done.
Vll. NEW BUSINESS:
A. Results of special meeting with Golf Course - Bob Jones
Notes were handed out of the meeting and Bob gave a short report.
(Attached) He reiterated the Golf Course Board stated they would allow the
County the easements when they see the costs and schedule of events to be
done for the drainage issues.
B. Ownership of Woods hire Lane - Val Prince - Title Search (attached)
Val found the registered agent of Woods hire Lane is Lloyd Sheehan. (Forest
Lakes Estate, Inc.) He is the developer of the majority of the area.
C. Woodshire Lane - E-mailsffitle Issues
No improvements can be made until the necessary documents for Title
research are done and acquired for easements within the Forest Lakes MSTU.
The County can not ask anyone to remove the stop sign and lor the speed
bump until authorization is given from the owner.
Val Prince suggested they proceed with getting easements from all the areas
in Forest Lakes that need to be acquired in order to proceed with the drainage
issues proposed by Wilson Miller.
Discussion followed on the ownership of the roadway properties. The
Committee stated they already have the needed information of ownership.
A map was handed out (attached) of Plat Book 12, Page 41 & 42, (unplatted
golf course) in which it was noted: Maintenance of the swale drainage and
lake systems shall be the responsibility of Forest Lakes Homes, Inc.
Roger Somerville stated they have researched this information in the past and
found there are no right-of-ways for Emerald Greens, there are easements for
3
1611
the single family homes and for Turtle Lakes on Forest Lakes Blvd. Tessie
asked the Committee for copies of the information since it could not be gotten
from the records researched thus far.
Val Prince handed out the Title Search Re: Fidelity Service Corp, for the
Apparent Title vested in Forest Lakes Estates, Inc. By Warranty Deed.
( Attached)
He also handed out "Attorneys Title Insurance Fund, Inc." providing deeds
and easements at the approx. cost of $300.00 per parcel. Total estimated cost
is $21,000 for searching, mapping and providing copies found in the public
records.
D. Ordinance Revision
Exhibit "B" (attached) discussed the Forest Lakes Ordinance, the defined
boundaries, and a Drainage Master Plan for Forest Lakes and revision of the
Ordinance.
The Committee is very fiustrated with the County not following through on all
these issues in the past and don't feel they should have to pay for all the
information now needed that should have been gotten in the past.
It was decided the Committee meet with their County Commissioner to
discuss their concerns and issues. Tessie will set up a meeting with Chairman
Bob Jones, Diane Flagg and Commissioner Fred Coyle.
Exhibit "C" e-mail (Attached) stated the Committees concern with the
exotics, roots, leaves, branches and other debris from the Naples Bath &
Tennis Club which is clogged and restricts the ditch inverts and cross sections.
This is a common property line that the Forest Lakes MSTU has tried to
maintain over the past years.
Exhibit "D" - (Attached) Memo from Engineering Services Dept. Tom Kuck.
This is in reference to defining a road vs. a driveway.
Val suggested holding a public informational meeting for all those residents
within the MSTU interested in what the Committee and Wilson Millers Plan
includes so they are all informed. The date is January 12, 2004 at 7:30 PM at
the Vineyards.
More discussion was held on right-of -way entry, title research, fixing the pot
holes legally and most importantly the easements.
E. Funding Considerations & Finance Committee
Val talked about getting the projects done in the most cost effective way all at
once; and Wilson Miller completing the plans. They need to discuss
alternative ways of acquiring the funds, such as an MSBU, raising the current
4
16/1
millage rate or a bond issue, rather than spreading the work out over 10-15
years. If they increased the millage rate, when the work is finished, and the
maintenance is being done, the millage rate can be decreased.
Bob Jones did not support the Public meeting nor did the Committee support
pursuing the easements to proceed any further.
Bob Cunningham stated the residents need to be updated on what the MSTU
is doing.
vm. PUBLIC COMMENTS
Ernie Carroll stated the Committee should proceed with the easements as they
have no other alternative, and to transfer the portion of the road they researched
over to the golf course.
Discussion followed on Emerald Greens, submitting documents, proceeding
with easements to the golf course and getting them turned over to the MSTU.
Bob Jones asked Mr. Carroll to provide the paper work as proof of ownership of
Emerald Greens being community property.
Bob Cunningham moved to have Bob Jones meet with Diane Flagg and
Commissioner Fred Coyle. When discussing the Attorneys Title Fund, if
they all feel the easements are needed, the Committee authorizes Bob Jones
to act on their behalf and have the County proceed with pursuing them at
an estimated cost of $21,000 or less, as needed.
Second by Roger Somerville. Carried unanimously 4-0.
(Bob Cunningham left at 12:00 noon)
Drainage easements were discussed. Craig Pajer suggested the County contact
Forest Lakes Homes to assign the easements to the MSTU.
Bob Jones moved to authorize Val Prince to contact Forest Lakes Homes to
assign the easements of Woods hire Lane to the MSTU. Second by Virginia
Donovan. Carried unanimously 3-0.
IX. Being no further business to come before the committee, the meeting
adjourned at 12:10 PM.
l1ze next /Jleetil1jf JI'ill he .Il1nuII!'}' 2 ht, 2003 (J{ IIJ:()(J ,t M.
oj J lilE FONE\']' LAKE',\' (,U'BIfO('.4:;E
105H I:ol'('\t 1",Al's Dris'!'
Saple... 11 34 I 05
5
FOREST
LAKES
ROADWAY AND I)RAINAGE ~I.S.T.l! 6 /1
ADVISORY COMMITTEE
2705 HORSESHOE DRIVE soum
NAPLES, FL 34104
A2enda
January 21. 2004
I. CALL MEETING TO ORDER:
II. ATTENDANCE:
In. APPROVAL OF MINUTES: December 17, 2003
IV. APPROVAL OF AGENDA:
V. TRANSPORTA nON SERVICES REPORT
A. Budget - Tessie Sillery
VL OLD BUSINESS
A. Updated Report by Wilson-Miller - Craig Pager
B. Update on Turn Lanes
C. Pot Holes
D. Ordinance Revision
E. Finance Committee Meeting
F. Easements Update
VII. NEW BUSINESS:
A. Meeting with Commissioner CoylelDiane Flagg - Bob Jones
VIII. PUBLIC COMMENTS
IX. ADJOURNMENT
111(' l1ext llIecfillJ,! will be Pchl'lI"r)" 18. 2()()4 at J f):OOLH.
1 T IHE FORE\TLtAE,\' ('UBI/O(S!:'
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\aples. FL34105
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prince_v
From:
Sent:
To:
Subject:
II rf6 L1
prince_v
Wednesday, December 03,20032:58 PM
'rjones657@comcast.net'
FW: Forest Lakes
Bob,
E-mail below from the County Att. is for your info.
Please note the minutes Nov. 19, 2003, do not state the Advisory Committee approved the go-ahead to fix the pot holes.
We have done the Es and the funds will be moved from Reserves to Operating. Hoping to have new asphalt pothole
quotes for next meeting.
We are still trying to verify our "rights" regarding the pot holes.
I have marked the pot holes and requested quotes for the repair.
Will be intouch.
Val
----Original Message-----
From: sillery_t
Sent: Wednesday, December 03, 2003 2:28 PM
To: ashton_h
Cc: prince_v; f1agg_d; kurtz-9
Subject: RE: Forest Lakes
Heidi: I will bring you a copy of the tax map and the copy of the Forest Lakes meeting minutes __
requesting for the pot holes to be filled with MSTU funds.
Tessie Sillery
Operations Coordinator
Traffic Operations & Alternative Transportation Modes
---Original Message-----
From: ashton_h
Sent: Wednesday, December 03, 2003 12:45 PM
To: ashton_h; sillery_t
Cc: f1agg_d
Subject: RE: Forest Lakes
While I am waiting for the below documents. I can tell you that if Woodshire Lane is a private road, then the county at
a minimum would need a temporary construction easement to fill the potholes and releases from the owner and all
parties (grantees) having an interest in the road easement. Tbe release would release the county of any and all claims
of owner and other interested parties resulting from the road Work including filling the potholes. I will also need to
confirm that this expenditure may be paid out of the MSTU.
/f
JU: c1. AJbn
Assistant County Attorney
Phone (239)774-8400
Facsimile (239) 774-0225
----Original Message-----
From: ashton_h
Sent: Tuesday, December 02, 2003 5:00 PM
To: sillery_t
1
'"
Cc: f1agg_d
Subject: Forest Lakes
Tessie,
~..~ I '1
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J
I don't have enough information to respond to your request. Please send to me the Tax Map pertaining to
Woodshire Lane and advise me if it is a platted roadway.
than ks
jCQJ.di, J. AJJwn
Assistant County Attorney
Phone (239)774-8400
Facsimile (239) 774-0225
2
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16\~'!1
prince_ v
From:
Sent:
To:
Cc:
Subject:
Craig Pajer [CraigPajer@wilsonmiller.com]
Thursday, December 04, 2003 8:35 AM
flagg_d; KlatzkowJeff
sillery_t; kurtz_g; prince_v
RE: Easements for implementation of Forest Lakes Drainage Master Plan
It is possible to design road drainage only. Typical examples include the
Interstate and many major county roads. In the case of Forest Lakes,
however, the most of the road drainage flows through the development's
drainage system. If the development's drainage system is not working
properly, the road's drainage won't work.
During my review of some historical records pertaining to Forest Lakes, I
believe that the intent of the ordinance was to improve the drainage of the
entire community. By in large, they don't have a road drainage problem.
They have a drainage system problem.
:1
-----Original Message-----
From: Diane Flagg
Sent: Wednesday, December 03, 2003 8:07 PM
To: KlatzkowJeff; Craig pajer
Cc: sillery_t; kurtz_g; Val Prince
Subject: RE: Easements for implementation of Forest Lakes Drainage
Master Plan
Craig,
Please note Jeff's comments in regard to benefits outside of road drainage
and road restoration. Is it possible to engineer a drainage master plan that
only drains the roads and leaves the other areas flooded? Or, by virtue of
designing a drainage master plan to drain the roads, there also occurs
drainage of the surrounding areas?
> -----Original Message-----
> From: KlatzkowJeff
> Sent: Tuesday, December 02, 2003 3:30 PM
> To: flagg d
> Cc: sillery_t; kurtz_g; prince v; 'Craig pajer (E-mail)'
> Subject: RE: Easements for implementation of Forest Lakes Drainage
Master Plan
>
> Diane:
>
> So long as the comments listed below are met, the implementing of a
Drainage Master Plan utilizing MSTU funds would be appropriate under the
Forest Lakes Roadway and Drainage Municipal Services Taxing Unit (Collier
County Code Sec. 122-1776, et seq.).:
./'
>
> 1. The MSTU has defined boundaries. The Drainage Master Plan
must benefit those parcels within these boundaries. Accordingly, it is
important for the Board to ascertain whether properties outside the
boundaries are benefiting by this Plan. If properties outside the
boundaries will also benefit from the Plan, then it would be improper for
the entire funding of the Plan to come from the MSTU.
>
> 2. The Board created an Advisory Committee for this MSTU, with
defined functions, powers and duties. See Collier County Code Sec.
122-1807. Briefly stated, we will need to have the Advisory Committee
review the Drainage Master Plan, approve it, and work with the Project
Administrator to come up with an appropriate budget. Once the Committee
and the Project Administrator agree on the scope of the project and its
1
/
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budget, the budget is submitted to the Board for adoPtion.. Note that 1 L I 1
funding for this MSTU is limited. The Drainage Master Plan, which I r)
understand calls for potentially several million dollars in overall funding, _'
may be too ambitious. This will need to be addressed in the budget
process.
>
> 3. This is a limited-purpose MSTU. As such, the Ordinance may
need to be amended to specifically authorize the Drainage Master Plan.
Collier County Code Sec. 122-1776 provides that the Forest Lakes Roadway and
Drainage Municipal Taxing Unit is "hereby created and established for the
purpose of providing and maintaining improved roadway lighting,
roadway-related drainage and roadway restoration within the area of the unit
and to that end shall possess all of the powers to do all things reasonably
necessary in connection therewith." The Ordinance then refers to a
relatively simple and limited project. If this Master Drainage Plan has
any benefits outside of road drainage and road restoration (such as reduced
flooding in non-road areas), then the Ordinance will need to be amended to
include this.
>
>
> I hope this answers your questions.
discuss this further.
>
>
>
>
>
>
>
>
> -----Original Message-----
> From: flagg_d
> Sent: Tuesday, December 02, 2003 2:31 PM
> To: Craig Pajer (E-mail)i KlatzkowJeff
> Cc: sillery ti kurtz gi prince v
> Subject: Easements for implementation of Forest Lakes
Drainage Master Plan
>
>
>
> It is my understanding from our conversation this afternoon that you
will contact Tom Kuck with Development Services to determine what easements
have already been granted to the County within the Forest Lakes MSTU
boundaries. Additionally, for those areas that you will need an easement to
implement the Drainage Master plan, you will work with your survey folks to
develop an easement document that will broadly cover the areas that an
easement will be needed in order to implement the Drainage Master plan.
>
>
>
> Just a quick confirmation that the enabling Ordinance for the Forest
Lakes MSTU does provide for the implementation of the Drainage Master plan
utilizing the MSTU funds? The improvements will provide for roadway drainage
but will also provide for improved drainage of the entire Forest Lakes area.
>
Confidentiality Notice: This e-mail is for the sole use of the recipient(s). Any
unauthorized review, use, disclosure or distribution is prohibited.
Feel free to call me to
Jeff Klatzkow
Assistant County Attorney
(239) 774-8492
Craig,
Jeff,
2
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'prince_ v
/ ! (.~
iV
From:
Sent:
To:
Cc:
Subject:
prince_v
Wednesday, December 03, 2003 5:58 AM
SchmittJoseph
flagg_d; sillery-t; 'rjones657@comcast.net'; 'wmseabury@aol.com'
RE: Modification of the Naples Bath and Tennis Club PUD
'1 6.) , 1 '.....
1.
Joe,
Thank you for your assistance.
Val
-----Original Message-----
From: SchmitUoseph
Sent: Tuesday, December 02, 2003 8:24 PM
To: prince_v; DeselemKay
Cc: murray_s
Subject: RE: Modification of the Naples Bath and Tennis Club PUD
Val
Thank you for your note and yes we can review the request as part of the NB&TC PUD petition. I am taking the liberty
to forward your request to Ms. Kay Deselem, the Principal Planner assigned to process and staff the proposed
rezoning. Please feel free to contact Kay or me if you have any further questions or concerns.
Joe
-----Original Message-----
From: prince_v
Sent: Tuesday, December 02,20033:08 PM
To: SchmittJoseph
Cc: f1agg_d; sillery_t
Subject: Modification of the Naples Bath and Tennis Club PUD
Mr. Schmit,
It is the understanding of the Forest Lakes MSTU Advisory Committee Chairman that their neighbor, the Naples
Bath and Tennis Club, will be approaching the Board and attempting to modifiy their PUD documents in the
forthcoming months.
The Forest Lakes MSTU's easterly boundary is immediately west and northwest of the westerly property line of the
NB& TC. Along that common property line exists a drainage ditch which the Committee has attempted to maintain
over the past years. The problem comes in that NB&TC has many exotics along the open ditch on the NB&TC
property and over time the roots, leaves, branches and other debris have clogged and restricted the ditch inverts
and crossection.
The MSTU is trying to accomplish major drainage improvements within their boundaries and would like to have the
NB& TC, through their new revised PUD documents be required to remove the exoitcs, take steps to stop all
invasive root growth into the ditch, clean-up and establish a maintenance level and program to maintain the
western buffer area.
Is it possible to incorporate the above as a mandated requirement the County's process for the updated PUD?
If you are not able to assist, would you be able to forward this e-mail with the stipulation requirement to the correct
person within your orgainization?
In the past, the MSTU Committee Members and the Condo residents in the MSTU boundary have had very little
success with the NB& TC addressing this issue as neighborly thing to do.
If necessary, I would be happy to drive you to the site so you will be able to gain a better understanding if you wish.
t
Val
16/1
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prince_v
,/
9
From:
Sent:
To:
Cc:
Subject:
prince _v
Wednesday, December 03, 20032:16 PM
kuck_t
sillery_t; 'rjones657@comcast.net'
Forest Lakes What is a Road/Driveway
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Tom,
The Forest Lakes Advsiory Committee and I need your help. We are trying to determine how the Subdivision
Regulations/LDC (I don't think the LDC was around yet) defined a road vs a driveway when the Forest Lakes area was first
developed.
It is our understanding that the current road and driveway definitions has been revised vs when the Forest Lakes Golf
Course, Condos and Multi-Family areas were developed many years ago. What is the current code definition of a road
and a driveway?
This MSTU area includes Forest Lakes Homes, Golf Course and various Condos and Multi-family areas.
The following roads/driveways require a definition as to whether it is a road or is it a driveway by the definition in the old
codes:
Forest Lakes Blvd. Easterly (from the intersection of Forest Lakes Blvd. and (Quail) Forest Blvd. to Woodshire Lane)
(Quail) Forest Blvd. (from the intersection of Forest Lakes Blvd. and (Quail) Forest Blvd. to as far south on (Quail)
Forest
Forest Lake Drive
Lake Blvd
Blvd.you can go)
(from the intersection of Forest Lakes Blvd. and Forest Lake Drive to as far south on Forest
Turtle Lake Road
Lake Blvd. you
you can go)
(from the intersection of Forest Lakes Blvd. and Turtle Lake Road to as far south on Turtle
Woodshire Lane
line of Forest
can go)
(from the south r/w line of Pine Ridge Road southerly down Woodshire Lane to the east r/w
Lakes Homes)
Your earliest response would be appreciated.
Val
1
Tom,
The Forest Lakes Advsiory Committee and I need your help. We are trying to determine hat th,. , Cf
Subdivision Regulations/LOC (I don't think the LOC was around yet) defined a road vs a dri~wh"r.'h n I!
the Forest Lakes area was first developed. . .I,
It is our understanding that the current road and driveway definitions has been revised vs when the Forest
Lakes Golf Course, Condos and Multi-Family areas were developed many years ago. What is the current
code definition of a road and a driveway?
This MSTU area includes Forest Lakes Homes, Golf Course and various Condos and Multi-family areas.
The following roads/driveways require a definition as to whether it is a road or is it a driveway by the
definition in the old codes:
Forest Lakes Blvd. Easterl~ (from the intersection of Forest Lakes Blvd. and (Quail) Forest Blvd. to
Woodshire Lane) prior te> ~
(Quail) Forest Blvd. (jrpm the intersection of Forest Lakes Blvd. and (Quail) Forest Blvd. to as far
south on (Quail) Forest t4ff~- ?-c;
Blvd.you can go)
/Forest Lake Drive (from the intersection of Forest Lakes Blvd. and Forest Lake Drive to as far
south on Forest Lake Blvd Pn 'or t'o ~
you can go)
/' Turtle Lake Road (from the intersecti9n of Forest Lakes Blvd. and Turtle Lake Road to as far
south on Turtle Lake Blvd. you PI', c;r to :;Zrb
can go)
.. Woodshire Lane (from the}iouth r/w line of Pine Ridge Road southerly down Woodshire Lane
to the east r/w line of Forest Ali?::>r rtP
Lakes Homes)
Your earliest response would be appreciated.
Val
2
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1611
M e m 0 ran d um
ENGINEERING SERVICES DEPARTMENT
To: Val Prince, Project Manager, Transportation/Traffic Ops/A TM
From:
Thomas E. Kuck, P.E., Director, Engineering Services ~~
Date: December 16, 2003
Subject: Forest Lakes - Roadway Driveway
Val, this is in response to your recent e-mail requesting our interpretation of the
Subdivision Regulations that were in effect at the time of approval of the subject project
as they may relate to the definition of a road vs. a driveway. Attached for your
assistance is a copy of the applicable Article X1-Section 17 of the 1976 Subdivision
Regulations that were in effect at the time of platting part of Forest Lakes Blvd.
For your assistance I have attached the following documents that define streets:
1. Zoning adopted Oct. 1968.
2. Zoning Ordinance adopted Oct. 1974.
3. Zoning/Subdivision Regulations adopted Jan. 1976.
4. Attached a copy of your e-mail showing the streets/driveways you were
interested in. I have marked them to the best of my knowledge the
approximate time frame when these roads were developed.
The only area platted was Forest Lakes Homes (Recorded Sept.1978). This would
include Forest Lakes Blvd. From the intersection of Forest Lakes Blvd. and (Quail)
Forest Blvd. to as far south on (Quail) Forest. As far as we know, this is the only platted
RIW dedicated to Collier County - Plat Book 12, pages 41-46. The remainder of the
roadway/drives were filed as condominiums.
If you should have any questions, please advise.
Attachment
CC: Engineering Reading File
PHONE: 659-5744 FAX: 213-2916
Engineering Web Site: http://colliergov.netJplanning/Enginhome.htm
.
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.
,:?CJI'llilj/ Sold ?syv~b
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16/1
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ARTICLE
XI , (Cont.)
17 I (Cont.)
I'
SECTION
coordinated with the street systems of the surrounding areas. The
street layout and construction shall' provide ~or maximum vehicular
and pedestrian safety, long service life and low cost of maintenance.
B.
Access to Public Streets
Every' . l~nd development or
subdivision shall have adequate access to a street dedicated to the
public use which has been accepted for maintenance by the State of
Florida. or Collier County. Where a land development or subdivision
does not immediately adjoin such a street, the. developer or subdivi-
der shall provide access from the development to a dedicated street
"
in accordance with the requirements as 'specified by these Regula-
t ions.
All lots within a proposed development or subdivision shall
have legal access to a street or road dedicated to the public use.
C. Relation to Adjoining and/or Proposed Street System - The
arrangement of streets in new land developments or subdivisions
shall make provisions for the continuation of existing principal
streets from adjoining areas, or for their proper projection where
adjoining lands are necessary to insure a coordinated street system;
provision for such a future street or streets shall be made. Where
a land development or subdivision abuts or contains an existing or
proposed arterial street, special treatment shall be required to
insure proper separation of vehicular traffic and protection of
98
.
ARTICLE
XI
(Cont. )
16/1
,
SECTION
17
(Cont. )
I'
adjacent lots from traffic noise. , Special' treatment may iric1ude
provisions for marginal access streets or additional lot depth and
screen plantings, in the case of lots which are proposed to back
against arterial streets.
D. Local Streets - Local streets shall be so arranged that
their use by through traffic movements will be discouraged. In
,
order ~o discourage through traffic movements and high traffic
speeds, straight portions of streets of ' undue length shall be avoided
whenever possible by the use of curvatures.
E. Traffic Analysis - If in the e'stimate of the County Engin-
e
eer the proposed land development or subdivision will generate
traffic volumes in excess of one thousand (1,000) ADT (Average Daily
Traffic) or two hundred (200) DHV (Design Hour Volume), whichever is
more restrictive then a traffic analysis prepared by a professional
engineer shall be provided by the developer or subdivider.
This analysis shall be used to determine the street category,
width and number of traffic lanes required within the development or
subdivision and the capacity of the proposed or affected street
system.
F.
Street Right-of-Way Width
St reet minimum right-of-way
widths shall be as follows:
.
99
AI
1.6/1
ARTICLE
XI
(Cont. )
SECTION
17
(Cont.)
Sidewalk
Street Type* Lanes Sidewalk & Gutter
Local 2 88 60
Minor Collector 2 100 84
Minor Collector Divided 120 100
Maj or Collector 4 120 100
Maj or Collector Divided 130 120
Arterial 4 135 120
Marginal Access 2 60
NOTE: *See Appendix "n" , "typical section" describing
Engineering Properties.
.
G.
Street Pavement Widths - Street pavement widths shall be
as follows:
Street Type
Paving Width in Feet
Maj or Arterial
4 or more 12 foot lanes with
turning lanes and median.
Arterial
4-12
lanes
foot
and
lanes wi. th turning
median when required.
Collec tor
2 or more 12
turning lanes
required.
foot
and
lanes wi th
median when
Local
2-12 foot lanes
Marginal Access
20-34 feet of pavement.
H. Dead-End Streets - Dead-end street shall be prohibited
except when designed as a cul-de-sac. Such streets shall not exceed
-.
one thousand (1,000) feet in length unless greater length is recom-
mended by the County Engineer. There shall be provided at the closed
100
-?_~ /) ;'''11 ",'1J,
-~I / Y.~.,l
1611
Shoreline: On tidal waters, the shoreline is
that line between water and upland area which follows the
general configuration of the mean high water line. On
'non-tidal waters, the shoreline is determined by th~ an-
nual average water level. Boat slips and other man-made or
minor indentations are construed as lying landward of the
shoreline and are construed as upland when computing the lot
area of the waterfront property.
Sign: See Section 20.4 for definition of Sign
and definitions of the various types of signs.
Story: A story is that portion of a building in-
(':eluded between a floor which is calculated as a part of
;;:~buitding' s floor area and the floor or roof next above it.
~S,'''';
. Street: A street is a public or approved private
thoroughfare which affords the principal means of access
to abutting property. Street includes lanes, ways, places,
drives, boulevards, roads, avenues, or other means of access,
regardless of the descriptive term used. (see Collier County
Land Development and Subdivision Regulations).
Structure: A structure is anything constructed
e!or erected which requires a fixed locati..on on the ground, or
in the ground, or attached to something having a fixed loca-
tion on or in the ground.
Townhouse or Rowhouse: Townhouse or rowhouse means
three (3) or more single family structures separated by party
walls or separated by not more than one inch from another
townhouse.
Trailer, Boat: A boat trailer is a'wheeled con-
~'lveyance drawn by other motive power for the transportation
a single boat.
Trailer, Camping or Pop-Out: A camping trailer
is a wheeled conveyance drawn by other motive power designed
>ifor travel, recreation, and vacation use and which is made
,up of elements which foldi into a compact assembly for travel.
Trailer, Horse: A horse trailer is a wheeled
. ;eonveyance drawn by other motive power for the transporta-
of not more than four (4) horses or other animals.
Trailer, Luggage or Utility: A luggage or util-
ty trailer is a wheeled conveyance drawn by other motive
ower for the primary purpose of transporting general goods,
uggage, or household furnishings.
Trailer, Travel: A travel trailer is a vehicular,
21
Zv/?//J'I ~~)rd /9tR!5
1611 ,~
Revised April 11, 1972
98. STORY: That portion of a building included between a floor which is calculated
as a part of ~ building's "floor area" an'd the floor or roof next above it.
~ 99. STREET: A public and dedicated thoroughfare which affords the principal means
of access to abutting property.
100. STRUCTURE: Anything constructed or e,~ected, the use of which requires a
permanent location on the ground or attachment to something having a permanent
location on the ground.
100.1.USABLE OPEN SPACE: That space upon the lot or parcel to which it is
appurtenant, which can be used by inhabitants of the property for outdoor living,
activity and/or recreation and may include landscaping. Such space shall have
a minimum dimension of 9.0 feet. Balconies may be credited as usable open
space. All such areas shall be readily accessible to the inhabitants of the
property .
Usable open space does not include liriveways, open or covered parking areaSj
utility space such as trash or garbage areas. The required yards may be counted
if they are directly accessible to the apartr:nent units. Roof area which is fully
developed as recreation area may be credited as usable open space.
Artificial water area, created from privat~ly owned land within lots or project
areas in which this regulation applies, may be calculated as usable open
space, provided that water area sha II not be cred j ted as more than 50% of
the total required open space. When development projects include several
dwelling structures and common land and/or water open space, the total usable
open space shall equal or exceed the area required by the total number of
dwelling units.
102. SU BD IVIS ION, OLD: See Old Subdivision.
103. TRAILER: A portable living unit other than a Mobile Home and less than 10
feet in width, and may include the following.
A. Dependent Trailer: A trailer having sleeping and usually kitchen facilities
only and which is dependent upon a service building for toilet and lavatory
facilities.
B. Self-Contained Trailer: A trailer which can operate for short periods of
time independent of connections to sewer, water, and electric systems.
l.t contains a water-flushed toilet, lavatory, shower and kitchen sink, all
of which are connected to water storage and sewage holding tanks located
within the trailer.
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DEC-OS-Z003 OZ:43PM
FROM-BONNESS INC
Proposal 12/4/2003
Submitted To;
Collier County Transportation Operations
Dept
2705 Horseshof;! Dr. S.
Naples, FL 34104
Val Prince
Address;
Contact:
Phone:
(239) 774-8494
Fax: (239) 659-5787
+941S9TT4l6
T-ZZT P.001/DDl
lEONNESS lINe.
P!lV!~ l.lnd :Slt~'Il7&)rll Conlnll::lcr.
1990 Seward A'l:1enue
Naples. florilfa 34109
(239) 597-6221
(239) 597-74161"ax
emall; InfQ@bonneSSlnc.com
Bid Title:
Bid Number:
Forest Lakes Pothole Repairs
project Location:
Pro;Qct City, Stale:
Forest Lakes
Naples. FL.
EngineerfArchitect;
F-1611
Ii (I,~l
rl
Item No.
Item Description
Furnish Full Depth Hot Mix Asphillt Repairs To Potholes.
01
Total Bid Price; $1,152.80
Notes; . Subject to prompt acceptance within 30 days and to all conditions stipulated on the reverss side, we sgroI;! to
furnish materials and labOr at the price(s) set forth above.
. Bonding is not included, if required please add 1 %.
- Permits, fees, layout, survey <i1nd testing by others.
. Ramoval and/or replacement of unsuitable materiai':S (I.e. rock and/or muck) below grade is not includr;:d,
~ Patching not to exceed 176 SF.
. Saw cutting not included.
Paym~nt Terms: Payment due within 30 days of datl;! of invoice, regardless of when payment is made by Owner
ACCEPTED;
The above prices, specifi~tions and conditions
arG: salistlctory and are hereby ac~pted.
ElLlycr
Signature
Date of AcceplancGl
POlge 1 of 1
CONFIRMED:
BONNESS INC.
Authorized
Signature:
EstimatOr; John Jenkins
1 h I 1 ~-,
_\.. .....,
Forest lakes MSTU - Drainage Improvements and Roadway Master
Plan
Additional Services Authorization
Phase 5 - Roadway Repaving Master Plan
Fixed fee - $ 18,500
1. Categorize roadway pavement by area
2. Determine quantity of pavement within each category
3. Evaluate conditions of existing roadway pavement
4. Prepare Opinion of Cost to repave/reconstruct pavement
5. Prepare a master schedule for repaving by area
6. Prepare Master Plan report containing findings and recommendations
Phase 6 - Design Phase 1 Drainage Improvements
Fixed fee - $ 45,000
1. Prepare engineering drawings for contractor's use to make the required improvements
of the following:
Task 1: Clean out north/south perimeter ditch (18b and 18c) - Plan and Profile
Task 2: Weir Gate Plan
Task 3: lake 4 Rehabilitation Plan
Task 4: Swale 2 Regrade - Plan and Profile
Task 5: Swale 16 Regrade - Plan and Profile
Task 6: Connect F-3 catch basin to lake 2 Plan
Task 7: Two Single Family Cross Drains Plans
2. Prepare Technical Specifications
3. Prepare Engineer's Opinion of Probable Cost
4. Periodically observe construction
Phase 7 - Prepare legal description and sketch for easements
(acquisition by County)
Fixed Fee - $6,000
Phase 8 - On call services
Time and Material Estimate - $ 30,000
1. Attend MSTU meetings as requested
2. Meet with gold course Board of Directors and Homeowners Associations as request
3. Attend County-requested meetings
4. Other meeting or activities as authorized
1/24f2CJ03... 116344 Ver. 02!8 CPAJER
.,...,
00075-N02-<JIF- EPRE. 26472
Division of Corporations
Page 1 of2
'~'1.
Florida Profit
FOREST LAKES ESTATE, INC.
PRINCIPAL ADDRESS
5600 N T AMIAMI TRAIL
SUITE ONE
NAPLES FLA 33940
MAILING ADDRESS
5600 N T AMIAMI TRAIL
SUITE ONE
NAPLES FLA 33940
Document Number
384995
FEI Number
591357030
Date Filed
06/30/1971
State
FL
Status
INACTIVE
Effective Date
NONE
Last Event
VOLUNTARY
DISSOLUTION
Event Date Filed
OS/24/1982
Event Effective Date
NONE
r
Registered Agent
Name & Address
SHEEHAN, LLOYD G
5600 N TAMIAMI TRAIL
NAPLES FL 33940
Officer/Director Detail
I Name & Address II Title I
SHEEHAN, LLOYD G c:J
5600 TAMIAMI TRAIL N.#l
NAPLES FL
COOK, LLOYD H. , JR. B
2700 ORCHID-OAKS DR.
SARASOTA FL
http://www.sunbiz.org/scripts/cordet.exe?a1 =DETFIL&n 1 =384995&n2=NAMBWD&n3=C.. 12/9/2003
. Division of Corporations
Page 2 of2
I Report Year II Filed Date I
I 1979 1\ 09/21/1979 I
I 1980 II 03/3111980 I
I 1981 II 04/30/1981 I
Annual Reports
1611
r'~~~--_._--"--~~-------~~',~~--~-:-:----"------'~-:'---'-------_-:--~
View Events
View Name History
~,_...,
Document Images
Listed below are the images available for this filing.
IINO images are available for this filing.
II
THIS IS NOT OFFICIAL RECORD; SEE DOCUMENTS IF QUESTION OR CONFLICT
http://www.sunbiz.org/scripts/cordet.exe?al =DETFIL&n 1 =3 84995&n2=NAMBWD&n3=L.. 12/9/2003
'-
TITLE SEARCH
Showing Ownership and Encumbrances
1611
.
/ tll'..
,
Fund File Number: 64-2003-7543
"'-II
Provided For: Collier County Traffic Operations
Re: Fidelity Service Corp.
Effective Dates:
From October 7, 1971 at 8:00 A.M.
To December 2,2003 at 11 :00 P.M.
This title search commences from the date of the last outstanding institutional first mortgage on the
property. If there is no outstanding mortgage, the search commences with the date record title vested
in the current record owner.
Description of Real Property Situated in Collier County, Florida.
From the North Quarter comer of said Section 14, run South a distance of 50.0 feet to the
Southerly right-of-way of S. R. S 31; thence run N 89 degrees 59' 40" E, along said right-of-way
a distance of 1293.81 feet to the point of beginning of Parcel No.1; thence S 0 degrees 04' 18" E,
a distance of 510.04 feet to a point; thence continuing along S 0 degrees 04' 18" E, a distance of
239.50 feet to a point; thence Southerly along a curve to the right, a distance of 758.62 feet, said
curve described as follows: delta is 89 degrees 53' 05" and a radius of 483.572 feet to a point
marking the end of Parcel No.2. Said parcel being a 60-foot strip ofIand divided 30.0 feet either
side of the above centerline description.
Apparent Title Vested in:
Forest Lake Estates, Inc. by Warranty Deed, Corrective Warranty Deed, Corrective Warranty Deed
Recorded in: O. R. Book 419, Page 287; O. R. Book 442, Page 536; O. R. Book 630, Page 1525.
This search does not cover matters other than those recorded in the Official Records Book of the
county and does not assure the legality or validity of the referenced instruments.
Ad Valorem tax information is not provided.
Signed this 5th day of December, 2003.
Prepared by:
Typist:
Wilma Jones
Margaret Green
Attorneys' Title Insurance Fund, Inc.
Authorized Siguuture: vJ; 0'1:O.I:L ~
@
Rev.O.O
Page 1 of2
TITLE SEARCH
Showing Ownership and Encumbrances
1611
Fund File Number: 64-2003-7543
ENCUMBRANCES
1. Easement in favor of Fidelity Service Corporation, contained in instrument recorded April 5,
1973, in O.R. Book 517, Page 865, Public Records of Collier County, Florida.
2. Easement in favor of James R. Solomon, et ux, contained in instrument recorded May 4, 1973, in
O.R. Book 525, Page 496, Public Records of Collier County, Florida.
A 20-year name search has been performed on parties acquiring an interest within the time period
covered by this search.
This Title Search is prepared andfurnishedfor information only. It is not an opinion of title and may
not be used as a title base for the issuance of a title insurance commitment and/or policy, nor should it
be usedfor the preparation offoreclosure proceedings or other litigation. Maximum liability for
incorrect information is $1000 under Sec. 627.7843, F.S.
Page 2 of2
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EXHlI;T -A- to Wvnonty Deed dohKI Sep'_her 17, 1971
rfOlll Lloyd H, Coca, Jr., os '''''tee, aNi Individually, ond
lol...d by hlt ",If., &...., G. Coca, to For.., L,gk.. E'lOte-I.
Inc., 0 florido CClC'pOfVlieon
~- ;
The NW 1 ond ~ NW lor the NE l ond the NcHt+. 1 of the SW 1. leu the South
132 fee,. Sec'ion 14, Tooomship 49 Sout+., IlDnge 25 &nt. Collier County, flOfido
lESS
Pori or the NcHt+. , of the Sout+.-e,t 1 of Seclion I", To...nsl,ip.c9 Soulh. Range 25
eo'l more particularly described 0' follows:
Com_nee ot the Soul"'",,"' Co<,... of toid Section I" ond run Ih..nce hlo"h :<>O-~8'-05"
W~I 1A60.4.4 F_t olong the W~lli". of >oid Seclion 1" 10 Ih.. NOl'lh boundary of
Royal f'oindono GolF Club, the tome being the NoIt+. lin.. of r.... South 132.00 feel
of the No,lh ; of Ih~ Soul~" 1 of Section 1";
I"""ce No.t+. aao-5S'-"5" Ea,I, 6.4.96 I_I along soid NOdh boundary 1(; In.,
Pcin' of ~g;"ning and ~e arc of 0 roon-to~liol ci.cular cur"". cc""co".. '0 the
South. having 0 roQiUl of 900.00 f_I and a cenl"') angle of 5:<>0-.46'-32"' and
being subr.nded by 0 chord ",hic'" been NcHlh SSC-SS'-.cS- Eost, BOO. DO f....I;
,h..nc:e NcHthecutedy, Eosledy ond Sou~d..dy o long toid o.c, a distance of
829.00 Fe.l;
I"""ce Sout+. seo-S5'-.cS" Wnl, 800.00 f....1 along a chord to the Poin. of
k;;inning;
told porc.1 "....l.,:.,inll 1.2 ocr.. moo. or 1_.
~:::?'., t.,q .~:J.-;':--. -:.C ~t'C~ c" :",!n T."" " u..,o ~h,' r,.o.J '", :;r ~!H! \t: .....
~(!c~10n l4, Town.,hlp ~9 5outh. ~.n>jC ~5 E"!Jt. Cell ic:" :....l;~'.',.
r.i-:::::~~1'~
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STATE 0' FLORIOA,j
~~I,I~EN1~!..T~. Sll<)l\~)( I
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... ~:~,:: Otl-rll \~~) 999. 0 0.:
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STATE :J'" FLOP:C.c.
DOCU,,",U'..lAllr " -" ~I..",P 11..~:
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; := oc;l.r-!, l~:'::;'i 9 9 9. 00
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STATE ::IF FLO::(IOA'
;'>PC~iNl~~T.....-::::;-...H~""P IAX'l
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~ .. ; oc;'.rl! ~~ 999. 00 I
:: ',... ~-' I
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~
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STATE :1<' >=LORIDA'i
DOC"'"",,ENiAIlT .:.,.,.... ~lA"'P 11..:1:..
~f~o; ;.....y..;.u.-.:{l...tj:~\..\, .-, .._- .~'
~ .. ~ OC'....,ll~,..~;:)::9 99.00 I
;;: .,.... .... - ... 1
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. ... -
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STATE :;,F r-LORIOA;j
::>PCU!"EN~~!.T/."'::~S !~.M~)( f
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~ '. :: DC1'Mll'~~)9 99.00 I
:: .., 'S.;__/J I
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ST ATE ..Y r-: ,-OriiO.c.:
DOCU"",,EN:APT.~'-.....S;AMP lA:I:.
~tp.T~,- _t'#' "vi /L1.')~.:'~ '. - _d__ l'
:: .. == ocl-rll l<~;:'i;' 9 9 9. 0 0,
== ,,~., ~/
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-
STATE ::w FLOR,DA':
D_O~;J~!~IA..!.T,~~,\~ 1 f:.._""".!....l.AX :
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.....,... nIW,aI.:- ........' Ie F't.ACST LAI'\tS tsTATts~ I_C. ., · w, '.,
.,'..,..- " .
. ,.,...,.... .del"" .....w .r.. r..... ., .... Stel." Florid.. ' wall fl. .....-... '-1011_
..u...... 6'" Ninth Str".t rlorth. Nep1... Florida
.........,.IW nolW,r.. _,,,,, .
_I 442 rICa 530
- ........ .. -....
I ~ .... ...... ... ...- ............ ... ........... ...... .. .. ........ . .. ......,... ...
... ...... ..... ............. ... ...... .. ~ ... ... ....... .... ..... .. ..,.._1
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..1_1.l. ......wl_lIon.. ......pt "'''-I II 1....10, ad _1..I,.d. ~" II....... Larg."... t.ll.. .L...... ...
..u.n. ..r...... .--,...". ...J .--1_ ....1. I'" ......... .U ,.... ......... Io...l .11...,. I..
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SEE ATTACHED EXHIBIT -..."
t ~!
~~~~2
~ p~ ~ ~
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_. · a :I: 0
R- -0'"
00.) 10
...ghg~
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'2 ::l '8
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-.
-,
2t: -
co
ooc~..~~rm,p.v ==
SUR lAX ==
1999.0011
P,..pcllotlon af I,..trvment only: .
Preparation of instrument only 2/17/72
T ogdhtr ,,'111. 0/1 II.. 1........"It. I.",",,'a......1t a..J ....p".I...an".. ,1.""'0 I..-l....",,,q o. ,n a..'.
"'1'. capJNr1o.n.n"
To ltallt and to Mold. ,h. ta_ ,.. 1_ .j",,,I. f~.'.,
..
II
...
...
...
I. Rnd ,I.. 0....'.... I..../" "a.....onlt "'ilh ""d 11.."1_ ,1.0, ,I.. lI..n.... II Ia....f...lly ..r:"'/ 0/ ,0,,1 lond
It j.. f... .I...p/., Il.al II.. 11'''"'0' I.... lIoocl ~ghl 0",110..../...1 0",1.0"" /0 ../1 a"d ..........y ..,,/ lon.l. ,1.01 ,h.
Ii o..nl.... I..../" lull, u'O",,"1t ,h. ",I. 10 .a.J Ionci on.l ....ell .l.I..nJ .1... .0_ oga.",r ,h. I.....f,,' c/o,.... 01
I: 0/1 ,....on. ...1.0...._...... a..J ,1.0' .a,J Io..J II f..., of 0/1 ....""...1..0..".... uc.pl 10.... ocr'P,,,n,, ."'..r.,"....'
10 D.........I-- 11. 10
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....
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r.:~."I.-........./' ' J,J,.,I"r::::
~:~' FLORiDA \ SUR T.'\X ~
:~; 'locH'" 1.:'\ \ 17 9 5. I 0 I ~
un_ I;'~~"-J L.:...:..:..:J.~
II
...
II
I
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!;
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slllnt/;!:7j1?l.......J ''I ,OUl p.......c..
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Ii .... ~"? . -.. . -7 . .
ii
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r~./,.r(/t,.,.. ~
~~ee a~ indiviclrjolly
I.-~;,,/...;- ...I L:,.: /:,.;.
....
In lVitntsS 1!JhtrrDf.
,I.. .a,J lI..nl.... 1.0' ,.....,,"... ..1 thei,. ho"Jsa".l ..ok ,h. .lay and ,.....
,"., obo". "'Mil.".
ST..\T[ OF FLOR.IDA,
COl':oo,i" .OF C: .. ~... 1/.-11,
I.
II
:i
I
t:
I.
il
II
:1
I', WIT~tS.S ..,. holnd ..nd ofht'u.1 It'.a.J in lhc: COI,UU,..
~I: I- / ,'/'1 ~J' '\ ,A. D. 1971 .
I
I My c:ommluian expires:
II
...
.s::.
E-<
I "tUII" CtR.T1F" .hot on ./", d... IM-fon' r.,.. ~n
off;cf1' d",l. .lulhol'Uf"d In tht Statr alorn.a.td and in the Cowntv .&fonuld to Ul.. ..d."o.ltdll'mrnu pt'f)or\.illh' .p~.uTd
J.. j. ~ ,/) ;.. Cn.",:r II. .4 f\.( I):... 1" I~ '( (:. L "', It' f'/', - I/'!-"
as trustee, and Indivrdually'; . .
10 mf' kfW'Wn to br- thr p"'non ".I drwrlbrd in and ...hl,) r.,,("ul('d tt\" fn",I!(\~in( lnltNrnf'nt Ind r- ," /..... c.r..no...l~l~C...d
b.-fort' mt' t.lul T ,"r /- i rst'cutf' 4 tht' s.a..mr.
.an.!
1..u;
.af cfM.ld t!om / ~) 7 ,.
Sl..&t-t'
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.......1 I..;;J:' ~141~ W f"~"':loI Al ~l
~T "":.0.......;.0.. LJ,,',1.!S n~ lL 1?74
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t."
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lla
410 ,,~,2b~
It 442 PaC( 537
1611
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EX HI lIT -A- 10 WO'lOnty o..d doted Septembe, 17, 1971
FIOIft Uo~ H. CooIt. Jr., as trwt..~ ond Individually. ond
Joined by hh .Ue. Eslhe, G. CooIt. to Fo,ett lJ,kes blOtes.
Inc.. 0 FIClfldo COfJlO'Otlon
The NW 1 ond the NW 1 of the Nf i and.tM Nort~V! alt'" sw 1. I.". the Sout~
132 F..t, Section 14, Township 49 South, Range 25 East. Collier CO\Inty, Florida
LESS
Port of the North ~ of the Southwest! of Section 14, TOM'lship 49 South, Range 2S
East more particularly described as Follows:
Commence 0' the Southwest CClfMr of ICIld Section 14 and run thence Nort~ ~-58'.OS"
West 1460.4.4 feet along ,he Welt line of toid Section' 14 to the Norlh boundary of
IlDyaI Poinciana GoU Club, the ICIme being the NClfth line of the Soulh 132.00 feet
of the North; of t~e Sou,hwelt i of Section 14;
thence North BSO-SS'."S" East, 6-4.96 feet olong toid North boundary to the
Point of Beginning and t~e ore of a non-tongential circular curve, concave to the
South, having a radius of 900,00 feet and a central angle of 5:ZO-46'-32" and
being wbtended by 0 chord whic~ bean Nort~ aSO-5S'-"5" Eolt, 800.00 feet;
thence Northeasterly, Eosterly and Sout~eoslerly 0 long 'Oid arc, 0 di ltonce of
829.00 feet;
thence Soulh 880-55'-"5" West, BOO.OO feet along a chord to the Point of
Beginning;
10 id porcel contoining 1.2 acres more Of leu.
L~~~ th~ ~~rt~ 5~ r~~~ ~r th~ ~~ ~ ~~~ ~~r ~w ~ or ~~~ ~~ ~,
Section 11" Tcwn'lht;: 1.9 5outh, Hlln::c ::'5 Ee:Jt. Cc1.11cr :"'Jn~.{,
rlo riel!!.
....
~
~
-.
STATE :1F FLOR(DA~
OOC;UMENIART/."'-:, StAMP tAX I
~(.r ..i ml;;ii'/~'L:4'.:.s\ . '-- I
_. t' ~~'l 0 0
~ .. :: OCI.rl, ~. ~i) 999. I
.,. -.... ~--= I
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STATE ::JF' FLORIDA 1
OOCUMENtAIT.~ -',,,,S1AMP lAX t
~iplu~ ;.i....,,'Tt-E.; !;~~ g' ---9 '0- 0 I
~ .. :::; ocHtr ,or;::;;;.j 9. 1
0> := '. .. ~-_:: I
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STATE ~'}F' FLORIDA I
POCY!"!..N.1AI!T..... ::1I~~Lu.x'l
'!(.: 0' ., ''''U' ZIf' '1~ I
~ II; OCt-rl, \~~j9 9 9.00 I
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STATE ::JF' FLOPIOAi
OOCiJMENtAllT., '...,.." Sll.MP :A)! ~
~(P:u.- ..,;.,;,,;-....lQ.."\..,- ---- I
- I''-L.~.\
~ .. :: OCHII \:~4:'19 9 9.00 I
CIo ="".. ~_.../ 1
........
c.;
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STATE :-IF' FLORIDA'!
p.)q.l!,!,H..:A~T "-::,~l~""!...i..A.x I
~tP~u,",u"\.Jt....~c::.,)::\ I
= - ,.u-~'i9S900
; Pt ~ CC1."lr \.~~I.;! . I
- ,.., \. '.~. '/ I
- . -~~
STATE :J'" F:....O~IO.t...!
~:lCVMEN:At:T...: -...... ;~,:.r.-.f' TA)' ~
~t"T~ "."."~'iI;:'~-:~>1 -. .---- I
::: .. " Xl'7'Jr ,.~~.:.!~ S 99.00 I
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P,:).l.l,1~tN1~J::.T ';'_"'...~!M~r.__LAX:
~l.t tJ' .Iy..".....;i..tj..~\ I
=:..; ..~........~.l
~:.~.= OCt-rll \~.,,~:)" 8 6. 00 I
1_0l"~ ....::-., ..... ,,__ :...... ,.......
.' CO..l..'l. :":_.'.~T .....:...liJ~
tJA..::.....I~ , )o;.,;n
c...... Of C...c-wtf (,..or.,f"I
Il~ ~ 0"1If'" .--~ ........
crI C0f...L1f11 COUl'.TY. '~("lt'
.....CAJt('T T. ~on
C.... .. ~ c...
.I., 04 J]t 14/
Ind1 v1c11.1A lly.
U~ fi30 bfl ~ I
jOined ~:)h~lI.ti6 I
=,,=,,:" .. ......... _AMCO POll" ...
395808
1h1s 1lfa~Jttd M.... 1"- 'J f IIv
Id&XRRH~ JR., .. Truat_ ancS
f:~"''''IH ~ 1/-..... ..
FOREST LAXES ESTATES. INC.
. ror_.Ii.... "'''''"1 ....J.. II.. "'- 0/ ,... 5"". ., F lor i da
.,'J......' 634 Ninth Street North, Naplea, Florida JJ940
"......./IH ..lIad I". _",..,
. M'Uh u. PH....."..,. ...,.,.../1"....
f"...._. ..l ....... ... __ ............ .... ........... ~... .. ..... ....'-- ... .... ........-.. ...
... Mon. ...., ........~.. .... -.._ ., ""_~. ... .... __I .... ...... ~ '.........'_1
lfJltntsStlh: TI..., ,I.. II" "'....I......J i.. ........J_hon 0/11.. .... ./110.00------ ...J 011,..
""1,,..1,1" <0"...1.....110".. ........p, ..,I...ao( it I..../" ...~"bu.l.Jpad. """'/', granl.. !..rg..",. ..11. 01....... ,..
...i... .:..a.... """''''}'II .."J """I...... ""'0 II.. II....'... .11 ,1..1 rwIei" 1....1 ..,..... in Collier
COllA'" FIor.cl... .Is,
SEE EXHIBIT MAM ATTACHED HERETO
AND MADE A PART HEREOF BY THIS
REFERENCE
..le,' "". "
O~r:=I~~ ~ ~rc,,:, bOa..
C(j~.. i. ." .....: ..L,ualo
Sf.. 25 3 20 PH '75
"lAwn T. SCOTT
CURl 01 clilcUIT COURT
C:OLUER COIIITT,'LfRIDA
This is a corrective deed. The.consideration, ~,. j is less than
$100.00
J09tthtr U.iJh all .~l" l~n","f"'"I... Ju"n-./Homf"nb oncl t' 'purh"nanno. 11......10 h.lon9in9 or In an,.~
wi.. op"..,'oi"'"g.
10 Halle and to 'Mold, Ih~ sam~ in (~~ .im"l.. )0".....
Rnd ,h. g...n'o, h.....hy <01'."0'11> will. .aid g.....I.... ,1.01 ,I., lI,onlo. i. lou,fully s.i~ 0/ .aid IonJ
i" I.. .impl~: ,1.0' II.. "...nto. h,u good .igh, o"d 100'/111 oolhonly '0 ,~Il and <on,"')' .oiJ lond: 11.0' II,.
gran '0. I...~/,y 11I/iy worron" Ih~ lill. 10 .aid lond and will d~I~"d II.. .0..... ..paint' ,1.. lawful clo,.... o(
aU ".....0'1. whonu........, a"d ,1.01 .aid la"d i. f.... 01 aU ."cumbra"CI"'. ~Jr'CI"pl la.rn aCCTUing .ubt.q...nl
10 D<<~m".' 11. 1975.
In Witness ltIhtrtLif, ,;,. ,a.clo...nlo, h... h~....unlo ,., his hand a..J ,_1,1.. d.::.;. =",! ,.....,
lirs' 0/'0.... w,lII.n.
SiO~. "a)...! a"d d.l,,~....J in 0'" _,.nco'
....~1!.t=IC. '!2;t.1!"11(~
-c~..LLS.,{,{!'.. :.~. ........
'Y~~~l:ViaUal1YCD
'1: lit1i'et""G'~''''C::OOl('''''''''''''''''''''''''''''''''' ... tD
STATE OF FLORIDA.
COL'Sn' Of Collier
1 HEREa... CE.RTlfY t!\a, on thil 'Iod..y. ~fo~ rM:. .an
olril"" duly author.nod in tht' SUIt .f...~id and in Iht C()unl,. aforn.ald to u... .rkl'lOWM-d!JfI'lt'ftt.... ~""rww.aJl\. appul't'd
LLOYD 'H. COOX, JR., as ~rustee and Individually, joined by his
wife, ESTHER G. COOK,
to me- "nown 10 be- the- prnon S dClCritrd ift ",d who ur-culrd the fort'pinC in.U'\u'nrnt.nd who
\)(o{orr rYW' ,hit they f'1IKutC'd the U~.
WIT:"ESS m~- h..nd and offiCial "II in the- Count\' "nd Stitt Lau "onwld th"
. .\. 0 1975.
u..na....~ltrd
Z 7./1"
dn 01
~
"N&.il~4r/Jr~!1fJJIj~:~._... ...
(NOTARY SEAL)
My commission
'!7:1J hlJlmmml rrrparr.l by: Robert :::. Hagaman,? A.
Attorney ~ Law
3050 North Tamiami Trail
Naples, Florida 33~10
(813) 261-0862
expifU.:_ '" _ .. i.-
~_""""'."
~ by ....~ ",,.. I. C_.,n"'" C.
A d.lm<
L
,il, (;30
11<I15261 e r 1
f
I
~
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-=---
EXHIBIT "A" to Warranty ~ d.te~
July 25, 1975 . hOIll
LLoYD H. COOK, JR. .. Truatce-~nd
IndividUAlly, joined by hi. vife.
ESTHER G. COOK, ';0 FOREST I..AJCES
ESTATES, INC., . Florid. corporation
The NW 1/4 and
of the SW 1/4,
ship 49 South,
LESS
rart of the
Township 49
a. follO\lt1l:
the NW 1/4 of the NE 1/4 and the North 1/2
less the South 132 feet. Section 14, Town-
Range 25 East, Collier County, Florida
North 1/2 of the Southwest 1/4 of Section 14,
South, Range 25 East more pArticularly described
Commence at the South....est corner of said Section 14 and run
thence North 2058'05" West 1460.44 feet along the West line
of said Section 14 to the North boundary of Royal Poinciana
Golf Club. the same being the North line of the South lJ2.00
feet of the North 1/2 of the Southwest 1/4 of Section 14:
thence North 88055'45" East, 64.96 feet along said North
boundary to the Point of Beginning and the arc of a non-
tangential circular curve, concave to the South6 having a
radius of 900.00 feet and a central angle of 52 46'32" and
being subtended by a chord which bears North 88055'45" East.
800.00 feet: thence Nor;reasterly, Easterly and South-
easterly along said arc, a distance of 829.00 feet: thence
South 88055'45" West, 800.00 feet along d chord to the Point
of Beginning: said parcel containing 1.2 acres more or less.
Less the North 50 feet of the NW 1/4 and the NW 1/4 of the
NE 1/4, Section 14, Township 49 South, Range ~5 East,
Collier County, Florida.
_ _ - DOCUMENTARV ==
" ~,- - - SURTAX:
.~: :::-::.:..~..:..~ ,--.:-. -.-
on
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i
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'~:-';fW';~tt'7~J:-?
30.1731
Gff ~ ~ .
..' 'lltoJ,(l
I~(;
S65
!f'lt 5 32'PK 'TJ
lI..,:1.. "t. i, ....;.or..
':1. ~ ~~, tor e:.ilC U"T c,.v~ J
C"t~.'f,l' c..u.n.H..... u
.. .:"t':
,SRAHT Of EASEMENT;
The G..~~70~, i01':EST LAKES ESTATES, INC.. a Florida
corporation, j.r ce"ljd.~atlon of the sum of Ten dollars and
other valuable ccr,s',derations, received from,'
The G~t~:~E, rlOE~ITY SERVICe CORPORATION, a Florida
corpora tio'r, i1e.re~y ,01' '.hi 5 ~ day of
\
1973,
granTs' to'f8e' Sc:;_~'\::: r-'!ii--i\or - e'i c1 us rvei"g re s S and egres s"ea s e
ment over and ~:r~i5 1~e following described real property in
Collier COIJ'itt, FL;<'c~:
...---..~..~ .":.0: :".!" :~. :~. d,"c.r.)";~l't t.:.iP~S
~:::: :::;: .... -: '.~;: '. J'. :'" . ,- . ..... - -
..,....::,~..i'...:. ..~..."':".:._.::..:_ ,l'..ol!L.s..aJ,d...Jl.on..C.>:.c,lu s.J..v.c . ,C.i1.5 elUent
hereby (lra~:'i!~ ;";:c :;,:' 'F.~ (ll',d GR/.,!;T(['S assi{Jl1s as all
~pjlurt,~nal"<;
1'-' ~~:u'~.~ 1;;nt15 of GU,:IT([.
it 15 .~:.;r:;',,;,:'d ~i',ilt the non-C'xclusi\ll! llil<:'CIJICnt is
.
grante':: uf,d:;r :.~' 'C ';",;!. \J"c.0n\an~ill!' (Ind c<1l1(litiol1 thct i l
.._,--'!~~_~_E...~__,?,L_J~.~,~I:.~...::.!_ .'~,~.5.._ .~~,~~_(:,I.~!.L..i_~~~~.~I.-=-~~'--~!,,0~_ ___
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!~ is for:",,!' u'l..'(,,'.t.;od uetl:I'l'1\ GHMITEf. ,lnt! GEr..:H(ll\
tlHttGP,~.NEi:. :1' ::! ,~~<;i,~~.s, will cClntr'jbl.lt(',::..L.,::_.,~:' Of tile
r.1" i n t e 11 an c" <: r,:: -: d j: ,. ,'.CO t i'; ), C 5 0 f S il ide a 5 C \!' e n t . an d i tis
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(I r its vs s i 9n S, (; (1 C S not
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assume allY lj,H"~i~.' t,,. ri:s~0n;ibllity'to GRI\~ll[F, or its
assigns, 0'" ere: .:.";.,;f; \!sir9 s~id easement b,y invitation, eiLll r
expressed cr 1-:1:ed, ~r ~j relson of any business with GR^NTE
or its ass;gns~ ~~ C:~cr~is~.
5i S'ned in the?r~ser,t€ "f:
FO RE S T l.AKE S EST 1\ TES. U;C.
a Florida corporation
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STATE OF :;::2~?'.R I./"l~
COUNTY OF C''';,)!: L 1/'-: ,e.
I HEREBY CERTlFYthat on this day. hefore ",e, a
Notary Public duly authorized in the State and County named
above to take acknowledflll1ents, personally appeared the above
named p~rty, to me known to be the person described as Vice
President of that corporation, in and who executed the foregoi. ':I
Grant of Easement, and acknowled~edbefore me that he executed
the foregoing Grant of Easement in tho name of and for that
corporation, affixing the corporate seal of that corporation
theret~. that as such corporate offiCer he is duly authorized
.- ----l)y' thaT-cor'j'o'r"a.tiont(f~o sO', al'd U\'i! t Ole- f'ore(roi ng'trant
of Easement is the act of that corporation.
~I1TNESS my hand and official seal in the Stilte and
"~I' ,t;ounty named abOVE! this ~.:...:.:. day of __,_......~__. 1973,
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-?: ~~ . ;{ N~TARY SEAL)
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N''O'r~ W"'l'ul~TrC-'--"":""'_"";-
t~y COlI'mission Expires:
"
INSTRUMENT rREP~RATION BY:
"
~rlilT(H-lf:"~-6r:lYi.!i(' .......:..'a...-_._____
SaUTE 7, Bi,LCII-el!lLOING
THIRD STREET SOUTH
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~r.c 1350, 0 f.:~t ~.1.::io;' 0' the n~on't..~n'.:n.;' ,rn;-.r;...ing the nor...:lw(:~t C<,.:liC"t' c..: ~:.-.e
...._.F01..c~t",~ak~#."r:;.~~~-tc~ ~~vclo?mcn~~.,C~~li~r ,~~un~.y,. i-"'1o:-icia.; t't'.i,'s ?Gi:-.;
ucinS at th~ i.nt~r'~ccti~n.oi't:-.c edge "or:fhc"Ti.g~t.~o;"..:way 0,: s~.id ?t:".<: rtici;e
Road a:-:ci th~ cen:.:l"1ine of the ennance ;;oa.~ to the Fore:>t :.....;.:..e5 Z..tat.es
Dc\'~lo?nl~r,~, Tha; entTa.r.ce ro.ac. ciesc:-i.~<:.ci "I/ithi:':l said Fo:"cst i.."til.tcC5
E$tatCd D~V"~O?r:1C,...t :s a 150-100: rl'C;ht-oC......ay, ceiL:;: 75. () :eet eitc.c.
side ,o~ the desct'io.cc. <en~~,:"li.:-.c, as sbow:--. on Qttac.h.:e ske~cr.~ .aeD~":-'~-'~
a.t 5aic. point a.r,ci cOMi::l\~in6 along ~hecente1"li.t'.e oi ~:-.e e..aa.r,ce :'C;l..~ c.;.;c ~O\l;A
160,0 feet to a ?ot."1: ....hich ac:'",o:es :r.e end of sa1'1 er.:rar.<::e :oac. ..r.c.:ie.. 0:'
the intcr5cct.ior.. or :':""0: ce::.:crlincs of tnree {3} roac5~ thc:'l.CC SC'o.A!:-.wcitCl":Y
a.lons a ccrve to the dg;-.: 278, 17 Jeci to a point, sa\ci curve ~cLr,;; ccscrio.cG
by the ~onowi;".a c~rve <i.a:a: Dcl:a. ~s if;-, 14. mir.l.;tas, CC secG~~cs, a~..i.c ..
rad'~\1s ot 1, 5~7. as ~eetj t::.er,ce scut'n lBt, 00 rr~i:".u:cs, ea.st 30. C :-eet tt;,..
poir.t; thc:'\cC! co~~::i.:-.:,;~:-.; sc,''';':':--Jcas';.e:-ly alo~,s a curve ";0 tr.<: :,,:.;.t-.~ 232~ <te,
ieet, said curve b<='~co~ ciescr~bed Dj' to.::. ic~:vw'ir.& c\:1"ve c.a~a.: J(:lta- is 3;"
00 m~:1\.;ttd~J vO $C::cc::':'~. Q.j.,::; a :il.c;H.~.s oi 3&1. Z6 fce;,; ~::'C:-lCC scr>W.;':"~ ~-; -,.
00 minutes, WC$,t lZQ. 11~ !'cc: ";.0 4. ?V~oir.;, sr\~d PQ:::'t. b~~:':; or. ;:-.e cx";c~io:"
pro?crty l~...e o~ t'r.c a.r'.ea. f.:H:,-wr. a.. 7rac.~ ,,,,,,~.". All -:-~D:.:ii"'V:.~""'~Y <i~~.::~bE:e#
C);Ccptitig :::;alc iJ:H.r~r:c.e -:c~cl v..';-.~c:-~ is a. 15~-.~oo~ wi::'.:: ri;.:.t..c,;.w:."/, .:c
60 ieet \\1icl.:: ':jc~;".J 30.0 reo:,; c~cr. s~c;.c CJ{ ;.;.c: cc:,.~ctlir.~. ;.:1 r~~:.:'!t.c,i-""';"I
b~in~...co:'H'4.ir..e-c...:..r.., $a~u.. "Fcrctl. :....a,~QS E$t....t~$ :)~vc~c?rrl.:r.:. Co~~i'.e: CO\.:..r:;Y.
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Jnnuary 17, l'i'n
A tr.\.:t vi 1:\,.,1, ~Il 5,'':1;011 14, Town:;hip 49 South, 'ilnnl;C Z5 E~Ht. Cc;l\ilJr
COUI),!.S. FJv;"~~;\ b.:ing (j,;). cl'i.bcd in,two..(2.L..p"l'c,c1s..an.d b_olnl; ",ore 1'.1 r1ic.ul...rly
d~"~~ribL,,-<i ~:S follows: '......" .
P'\I'~~\ )[Q, .!.
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From tile Nor.h Ouart~rcornerof said Section 14,run South n clistanco o{
50.0 iect to the southerly ds~t.of~way of S,R, S31;thcr.ce run N 89' 59'
..0" E, alo..: sa'ici d;;:ht~of.way a distr.nce of .1293,81 {<lot to the poirot of
beginni'nl;oi PiJ...:el ':-;0. 1: thence :5 O' 04' IS" 'E. a distance of 510,04 icet
to a poi;'\;; thence continulr.c along 5 O' 04' 18" E, ll. distance oC 2:39.50 fe,ct
to a poi~t; tt-.en.:c southerly alQng a. CUl"V'C to the right, a dll>t..nce of 7S~. 62.
feet, :;ai<.i curve .cclJcr'ibed as follows:. delta is 89' 53' OS" rind a rncliull of
';S3.57~ i,;)ct .0., poi::tm..rl(ins th<l cnd of Pilrcel :-';0, Z, Said parcel bcin;:
,\ uO.Cootl>trip oi ,;l,nc; divided 30, o foot ciLhor aide of the ilbovo center Unc
,de,;cripti~n. '
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P~rcd ;\:'0, 2
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Frorn tile ;,'\;o;-t:, Q.....rtcr corner or ,,;dd Section J'I, run south.. dillt(\ncc 01
50,0 [eet to thc ,>outi,-:rly rll:ht-OC-WilY of S, n. 53l; lh<;ncc run N 890 59'-.0\0"
E, ~Lo.,;: s.;..i~ _:-i~..:h;,""oJ-..,\.:t}l', .:1' djst.t\nc\~ 0.1 1293. H Lr..:~ct to, &\ point; th(!.nC'~
lc,,,'in;.: s:;;c :-:,;J~~-<)[-w..y ru" S O' (1.,' I')" reI :\ di"t"n':'~ o( -)10.0.; ied to Lll.:
'poi nt'_oJ_ ~~:~.~=~~~~~:~~.~~~~~~~~.9_~__ 2: _~~.nc ~_~~~~~~'..lY...~' lnE.l:~_~5-1~':L~~.!~,~".__r..~tJ).t._" .
---_...--- JO'-:-JS {...~":": ~~:r ~\ :--....)~:1t. s,.lid ~rvc h~"'ng d(~~,Cl.ibcd ;:\6 ~\):10\\lS; dc1t;, is 16"
0....1 IS" a:::ci ."\ ~':"c~:";!j 0;. 10B7.. 1')8 t\~Cl; thcnca ;dont; ~i- c\.lrvc 1.0 th~_ lcit 31'1.62
fee: to a. !Jv~~..~. :Soi...~ci CU1~V~ c~sc1"ibcc1 :\S ~'o11o\v:\: (iHlt:\~.ti 16~ 01 0" :...nci A r:l.ci~\':')j
01 J 1'15.. 90 t~~:: ::~\.'Io:-.'~~" du~ w~st .Ltl di.:-.t:tnc,: of 30 1. ~ ic...~t to a POi:H; tl"d':Ol'\cc ~\~011S
,:. ::. ='..;r\'~ tv ::....'" :~;'~ Se7, 31 ~\''''~\ t(J ~'l. point, H:\ic1 (~\l1"\'.~ d~~,cr~!h'ci :\,; :"(":i(,,,,,,s\
J d~:t;\ C(.l.;':\'~s :-;. >.:.' rn.")llt itt;"'.d l." ...~t1h!h of 200C. 00 :'~'...:l; ~htJnc...... \'\lc,:)~ :. \;ur",,,,' to
the r~~';~:' .it7.. -;-:;i :'1,"'~-:' ~'"" a :/o~r'~l said Cl.l'VO Cd1;iCl'i:,,\:d :1.~1 1.u::O\V:i: df'a~ C(l~;i\:::t
32.. 00' GCP. ':.r::~<:.t. :"ac;iv.s cd 56~.;. <fl ~'...:..H~ ~hcncc a :(In.~ ~ C\l :'\'1.1 :0 .t:....: :,~t't
-L......__~u:..a.~..;~_..1.. ~.\.l.i..:;; ."~(.Lc.u ;':\!~...d~..:U:J.:ib~n-..i.ul:Q\,\'~ 4w...cl ~:.~""'--c~ ~~.G...'-___.___
...oO.'..I'r'''~:-'c~..-.;:,~;v.;.s. {If :s~Q.Ga IO,!tl t(i\.~nC~! X,S5. 32."\','. t.I. <i~t;t:\n\"':~~.(d L;';'i. (iJ :\':,~t
to ;,~ ?C.~{'.~; ::-:...~;".;...c"'.. .5 ..;;. 2..1.' 00" \\' "i di~~~ncc l~i~ :;2 ~'\!\::" t.v ,"1. ?,->ir.t~ t:~"".:lc,,~ t"L'~,. :-~1=-.g,
0:\ !lu.icl:,~,}:--; ..;,. ::6' {lnll E, ~"\(Hst;~n~c 2l.~~ ~cct to ,\ point: tl......,n...:~ "to~:,~"~
CI.,;.~VC t.c, ..:-..c ~~:-:-; :.:;~.j;.3 fCC't to ,~,poinl:; fhdd cUJ'vc dl~:.i<.:i'~bl.:(~ I'd; t"(;:~"''J\\':i: c:~-,':::\
~c;t;,J,:s--i(!. .?~;~ ~{.,n. _;r.(~ a r:adiu. oj' liS. S.., f~,Jt.ah"....~,CG:-:.f5..00j\\..;.. .:;~:>~\~~~~vt4-i{J. ~~
fe(:~~~rd~...r.C~ X~;-...._\..:Gt.2C".// l 60. 0 i~ct' to ;t poil~t, !i~d.d ?nint lY'li.g on t"h~ s,.t~t;., of :h~
So' 7"t. S3l' r-'~;;;;.:';-(.d-w~y. ;4na being ~hc.c:,,~d 'of P,~l'c~l :\0. Z, S;.id ?.:\r~~l b~i~~;
.d. ~O-:Ci~t :s.:':-i:-; c;- :;..~~ (;ivi(;~d 30. q ~'cct" \Ji~h(n' sid~ 0.' t~..1oJ "bovc ~~:"t,,,::' H:-.~
cic!.cri=,,~~<.~,. (:o~cc;-...";~:n;;: the li.~t. couC'~\:: \vhicn dCr~o\.l,}6 .:\ l50 :'oot st.rip oi ltlnd
clivicicc 75. C fee: cHncr l'Iid<::of thc..bove centerlinc QCj;cl"ij>tiun.
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J"l\U~U'Y 17,197 j
A tl.~,.t ,,( ,1"\1)<1 il1 S-:ction 14, TO"lIlshlp49. $outh, Range Z5 E.at,' CoHicr
COlmly. Fl<>dd.'\ bei.ng described il~ two(Z) p.ll"cela lloncl being more ;:>a.rticu;;:..';Y
d.::..crioccl ;\,<1 iollow",: i. ( ";,i"' i: r' ..' ~.
,,'1""3,1-11 ~~;",.-
1'>:",.;,-1';-,;,). -\ ,.,-777"71 ..:~;~i"" .
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Fran' tll" ~'Jl'~h O\lal'~Cr corner of snid Section 14; rIm S(;uth n {Iitit:.ncc of
50.0 \\.ct to the 5ou~hcl'ly 1'i~~ht-of'WllY' of S. H. 531; thence run, ~ 8')' Slj' 'i0"
.-itn;;'Yoi,-g ':sar(f-LTiiT\"~-o(-wii:Yii'iH$l.i\rico'o!1293,IlI(cet (0 II point; thence ic...vi:",;;
5llid right-CI1'-way run SO' 04' Hi" En dil>tanc:o of 749. 54 fact to a' point; ther.ce
southorly alo11g il. CUI've to the ,right, a clilitllonco of 758,(>2 foot to the, point of
beginning or P..l'cel No. 1. said curve being doscribed as (ollows; deltilo is
89' 53' 0 S" and a radius of 483. 5-)z feet. '
Thence 5 St)' 48' 47" W a dist,lnco of 8-11. 25 fcot to II point; thenco SO' 01' jD"
E. :I di.~t...ncc o{ lH03" '19 k.et to the point o( }"c~innjn~ of P,,,'ccl :"c" 2; thence
SO' OI' 23" E 2l'1. l5{u'lt tQ " IH1inl; thence tioulhe.-1y :don~ a curv<~ ~o lhc I"l"ht
S.IIl, 703 k"t to .. point, -'laid CIlI'VO del.crilwd ;lti (ollow,;: <h:lt.. i,.. rJ7' 3')' }2"
and a radhlh of 32l. QZ (eet, Saidpolnt noting the end of Pilrcc1 :"0, 1. Sa,\Q
P.Hccl lH~i"i-: " litrip or 1;Il\d 60.0 [eet in width, bein!; <livid cd 30.0 icet oith.::r
~idc of lhe preceding ccntedine dCflcripli,on.
P.. I' c,~ \ N' o. :!
BC~\j)ninp. i\'" lh4.~ poir~l of bcgi"nning (J('P~l~.ct11 !'\o. 2, cUi dnsct'jb~d ir. :.h'~ ?r~c~\":.~~,;
,..-t-c-.. .. ;,j G S ffi'f.l"H>'n-",~':'T-ihHi<i-a-.s...8'9-'-.,;,~!,.,.uH ,l.l/._a,(~i,flt.'\ n..;,u..,.oi...i:,,9~1.~....::~..ilo..;LO~:.;.~- ,--..---.
th~:1CC n\Jr\h~rly ..\lwti~: u "u.l'V~ 1.:-0 ~l\c right 3:;'-;' "62 f",,~t to. ,"\ ?oint, ;:.~....iti cU:~'C ;.:~.
sct"lhcd ~~ ioUow:~: d~aa it> ~.'). 01' ?'Jfl ':\l'1.d .\ I"acih.ti {:d Z,C;.L, 37 f\"'c:~ :;--,\J:"l";.,;!
~l'i:...g ;~ cu:'\'\.~ to..the l<..1ft 350.. Hl r(~(,t to;\ poir,l, ~~\.~..d (;Ul"v~ (lcscril)ll(~ \~:; ;'~~:\)\\,~:
dcl\..1 is ]0. QO. 00" anti " r."uHIJ~~ of t'/70~ 00 :....~C't;. thOll'C..: ~ 51- CO' (},:)11 \V a
dis~a:"lcc ('Jf 39~. 83 ic..:t. 1.0 a. ljoi1~l': th(~ncc ~,~on~; a (,;\.n'\,~! to the rir~;;: (:'3.~" 0.2 f~....~~
to a ?o)r.t, :.i~dd curve (h~scl'iocd ,,\:-. fCJllo\,,,'ti: (hdti\ :hl 5-1. CO' .JO" ,lr.d ;~ l'~..c.:.~~s. v;'
1.0S0, CG {tJ\:~; Lho,::n.co ,!uc no~"t.:h, CI. ,:ii::)ti,~C\.1 ot 200.. 0 fCl..:L to :L pein...; t:',~:",:~ ~~c':'.;
Q.' cu:,V(: to th~ rig;l~ Jbu, 52 i,:ct t.o ....~ poir,t $..,i{~ CUl.V~ d~~crilH.ld '''~ io::(".ws: :('.~;.
--------r:s-n-fJ'O"1-0v1"t-:in{1~-'f'l4{~t<J1j'--Owr-~t4f.~ro-:-tte-t\!.(~t"h-n.rrc.C-;Ii"Cm.~C\1"t"Vc-t""tT"".~~;-e~--;..:;.:r-;."t~--....-
ic(;:' ~v a ?(j'inlt ~'r;.i'~ cui;y'(; d'c:,:;~rib(,.'cl'J.'~ ilillov,'.;: d...:l~~~ is -:.. 32' 00", .,:-".c.:.. :~-.:.~~.;
e,;;" 2~72. 3d :\:,ct. Said po1ia noting _\:.~! ui..d oi P~ll"c\ll ='\). 2. Sn~c P.a.:-~c: b~::'".; .',
5:.r~~ u:" ~~nd 60. 0 !oc~ in width, b(~-in~ divided 30, 0 il..!~t ~ilhor sicc 0" ~:....~ ?~.\:~\:,;::".;
~~;rt':.c:,,~in(: c(.qi"c':iptior..
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or (:OLtl['11 ('.(....:,"1'''' ~":(t'. 9"\1.
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The Gr~nt~r, FQPxst
f loriJa cC>l:~['~~:ior,..
other ....all:a...lI.e,
in consi(!erat.-io.ncfthe suo'"'l c.i'1'e~
considerations ';re<::e,i,veC fr'.:>n. the
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R. s<!:n.r.;~~ a:r.c
SAAABELLE so~. husba....d a.r:d""ifti,
is ..115 C:ri-:;~S'S
Way, Naples; Plc.rida
, on thi~ ,")-!1 da'l ofril=-l:': t.. i 97 J..
grants to th.E:Grantees. a z:c::-:exclusi\'<Cl lnqress <lna B9ress .ea$(l:".~:a
over and across 1:he !ol.l.olo'ir:y Qc.scribcd redl property ~I"; oC''O.llu~r
count,Y, Florida:
-,.----,.-a6. perth~ .le,g.,ll :lcscrlpt.lo:"'. dtt.ached hercto..:--------
TO HAVE: AND 70 flOW. sll.lc ncn".>:clU:ilvt> C;:lsmncnl: h~rebl':tr ~;-,1:.c'e.
unto Grantees ~nf.:'Gra;'lte1>s' aS5i,,1~5 as iln <lp"u.rtenanct: ::'0 -:'.';'ca;;i-
jacent lanes of Gra:-,': (:1;; 5 .
! t. i~ unrl~r..st:oo:i t.~'Jb:L t.~~<: r::,c:le>'.clus.ivc cara;!ment" IS i:;l'.a~':.~E:....;i ::l:.~~r
the exprcss'-!:lQ€rsta!\0d.::s, a:-,,,: co:~citior: th'!it it rnol'l be ':,s,"d t., 'C:-,'"
(,~rantor(, or .It,.. assigns. ll'. ccnjl"lr;ctiOll 'fllth thu l,OlH: 1;:: the :;:-"1:~ti:'2S
and t,heir ass1.gn:~;:..
It. is' further u.t'gerst::;;~ Let'..-een Grantc<:,s anc (frat". :.~::- ~:;>l.'=
Gr,antees, or t.hei'r. aSSi/ii:'.5. ',,111 contributE:. "30 'p~n::'.!'r.'t.a9c .:.:
the mainte:n.:an:de'and ~.i.'1:'aloren t:a^e~ 0': sai.d e..1.sc.mc~t.,....lt'.~ ~::.:':5
furth.e-r uIlde.t's~9-cc ,that., Gril-:~t.or. or itB assi.l:Jr~s~ d.....Jes. !\C~. 3..'S'.~~":"'-.,.:" \.:'.",.'
, liabilitr <;:>r re$FOnsiln~:t.t.y ~C .(;I:ant.ecs or tllei!:' dsslgns. c,ril.::v
person, using said e.as~et1;;:t:,' i,!'JV i.t.a t 1011, (;1: ther e.1<pieSSol'~~;.;::" :5....,;:':,
or by reason of; any bust. ..eS5 wi t.hl;r'anteQs, or t~e:l.l:: assi!,]:!,,$;. 'J';l::
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an():ffi(:~rd";ly";uth9riZ'jt4 tQao~il'\i&~eF oa,thsandtllkeack-
'~o....'1ed~metlt$"EARi:, E~:,F lSHER;>;aa <l?residen~.of.F9RE'S(l' L1iRES'ES'fA'l'ES,'
torileweH known. tobeo the, person
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and j,~~l'\O~led9';d b~~odmethat:sai4pets'on CKocutedtho
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December 17,2003
: Val Prince, Project Manager
i Collier County Transportation Road Maintenance
;Horseshoe Square Building Suite 212
,
,
iBased on our understanding of the search areas, we propose to map md provide deeds
land easements at the approximate cost of$3oo.00 per parcel. Time frame required
:cannot be determined at this time.
A) W oodshire Lane
Approximately 25 parcels @ $300, each
B) Forest Lakes Blvd.
~;7,500.
Approximately 12 parcels @ $300, each
~:3,600.
C) Turtle Lake Golf Colony
Approximately 8 parcels @ $300. each
D) Forest Blvd,
~.2,400,
Approximately 10 parcels @ $300, each
~,3,OOO.
E) Forest Lakes
Approximately 15 ,parcels @ $300. each
~ 4,500.
I
I
Total estimated cost of$21,000. for searching, mapping, and ptovid OS copies of
~nstruments found in the public records.
Submitted by
~~~
!Marilynn Miller
Collier Branch Manager
I
,
I
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Collier Branch
2355 Stanford Court · Naples. FL 34112 . (239) 774--2627 . (871) 296-9947
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ORDINANCE NO. 2002-.1L.
16 I J
ORDINANCE AMENDING OOLLIER COUfofT'Y
RDINANCE NO. 91-1417. AS AMENDED, WHICH CKEA TED
HE FOUST LAKES ROADWAY AND DRAINAGE
UNICIPAL SERVICE TAXING UNITI PROVIDING FOR
AMENDMENT" TO SECTION ONE TO INCm!:ASE THE
MILLAGE RATE FROM 1 'fO , MILS; PROVIDING FOR
INCLUSION IN THE CODE OF LAWS AND ORDINANCES;
PROVID!NG FOR CONFLICT AND SEVERABILITY I ANn
PROVIDING JI'OR AN En'1tCfrvE DATE..
WHBR8AS. on Dcocmbcr 10. 1991, tDI Board of C<ll.lnty CommllllOMtl adopttld
Ordlnanc6 No. 91-107. 'lhl) ot'dil'ltJ1oo that c:e&ted the Poteat LalccI RoadwB)' and I>raJnage
Munlctpal Servica Taxing Districtj prQviGl"1 to: it. boul'ldarlct. pl.lrpoill~ and tll(.lng 8l.1d:!.cntYl
providing fer its lovernit'll boan1 Iud dtflnln,J U. powetll and dutiet; providing for ao IIdvillory
committ~ aad defl.nlng iu c1utfe. and ~.ponlibmt;B8; pl'Ovidin& fr;rr an itemil.ed bud~t;
pr'O\lld!TlI for collection of tax..; providing fOf' conltructtQn. and IcYCtabmtYI .nll Provtdlnl for
an cffccdY8 date; and
WHEREAS, lba Board of COl.lDt)' CommluJoDUt, upon recommendation by ~
ady! tor)' eom.mltl.e6. dl:l8iMll to inc:reale the mUl&g6 ra. from 1 mlll.O 3 mU I,
NOW, T.H.BRmQRB, BE IT RBSOLVED BY nra BOARD OP COUNTY
. ;1r;:;> :it
COMMISSrONE&8 Oft COUJBR COUNTY, FLORIDA that: r-~ _
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SECTION ONE! AMENDMENT TO SECTlON ONE OF ORDINANCE NO~';'l~Ar
AMENDED. ['\~ -0 m
~"'I ~ 0
~(J) Cd
SectiQl\ One t. a.m.ended to read EW follow.: 6~ ~
~rt"I (7'l
SBcnON ONE: Porest Lakes 'RDIJdway and Dt'93nas.e Mu~tdpal Service. '!'8xrni Untt
Crellled: B o~Ul<!adea. Purpok\ Tuing Autbori ~)'.
J, Them i. h~y created lb~ PareIT. Lek.eI ROI<1 way and Drain. Munic.i pal
Servlce Tax-inl Unit (JteretnaftDr ret'mred to.. th.. "Unit") wWt bound.a.rlet aelCribcd as folh:lWI,
to wit;
A tract of land in Section 14, TOW1\8hip 49 Sou Ill, :R.Mgc 2S Batt, Comer
Coun.t)', Florlda, <ie8erlb~ BIl followlt:
Commenc.lna at th~ NOTthweJt comer 01" sald SllCtion 14, l'\I'It S 00" 19' DO"
W alOtlS lhe. Weat line of ntd Secfion 14 for 50,(1) feet to lh. POINT OF
BEGINNING, said point being en the Southerly Righl,or-W!ly Uno of SUite
Road 5-896 (pIne. RI<ii'$ Road) and beEng Ch.e- NOt1Ilweat.,.m mort comer of
!b. Fore.lJt I...o.kca Home. u rocorded in Plttt 500k 12. 'Pcgu 4l-46 in [he
public ~rtls of Colller County, Florida; thence ruo East, alDng 8Bid
Rtsht-cf.way line for 121~.2? feel to a point on the Wastem Righl-of-wJY
http://www.clerk.collier.fl.us/seriptsILFWebLink.exe/weblinklbrowser.html?doe=12751&IJ...1/2312003
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0( Poreat 1..a.keI BoulevlU'd. thence contlnulni alonl said Rtlht~f-WD)' of
SR 8.895, But fbr 1,372.88 f* 10 the- Nonh. IA comer of Se:tlon 14:
the~ condmdT\i 110Ullttd Ri!dlt--Q(-way N 891t '9' 40" B fot 1,3:23,81
fee( IlO a point CId1 the But !tn.. of th& Northweat IA of the Northeut ~ of
IIltr1 S~lloll 14 ana bdn~ th~ c.utem R.I~ht.qf-wa)' o( W'ococlIblfe we;
thcm.co leavlni SR S-896 and. ron along eM SUlert\ ll.1ght-of-way of
WQoothlrc we ~d the Eut line ar the Nonhwctlt 1,4 of the Northcalt. ~
of lIIid Sl:Cuon 14, S oolt 04' is'" B fbr 745'.'4 ~ to . point of ~urv.,~
af raid TOad: tktmQe 1111...111.8 laid road aad cantJnLltng along lidd linll, S OOCO
04' 18" B f'br '12..~O feet to el'l& Southtut corner oftl't& NorthW61t ~ of
tho No:ctho..e ~ of t.ld Sectlon 14; th~ncc alOftl tho $O\)th Uno of tbo
Northweat ~ of'the. Nortbellt ~ S !90 48' 4-7" W for ~12. '-0 ~ tel . po!nt
on th. Southern Rtpt-of-wI)' of Wood.ht~Lan.: th~ contlnulnl alona
Il!id HOII S 390.48' 4''" W far Sl1,~8 feet tc tbe Ncrth-Soulh ~ line of IBid
Seotlon 14i thence atonl rhe Butem Rl&he-ot-wa)' of Woodlfalrc Lan~ and
tbcNarth-South V\ line 8 00" l' 23" !. t'or2,S08.57 fest to a potnt: thence.
leayj~* latd, Un. S B9D ~9' 24" W for 2.1.59 filet to 1 point, IBid poinL \Joins
t'he SOUthlSlIlI'lIIrl)' most corner of ~t t...~~ "om~ Q ~ordc<{ 'n Plat
'Book 12, Pl.pI 41-46 ic th~ public reoordt of comer County, floridai
the.nc~ S 8!10 ~9' 2411. W tor 475.79 feet to a polnt of curvature: thence
22l.:52 feet Ilong eM 11'0 of a cut'.le, conCI..II. to the South~1rt., hl."ins. I.
Tlcllut of 667,2.9 feet and nbl:uldeJl.N;1y II enerd havini a tenilh of 2.2O,S1
f06t and bo&rinll S 801t OS' 46.S" W to . polnr. of tanFft~ CIlenC6 S 70. 38'
O91L W for 1a,.~ teet (Q a ~olnt of curvatln: th&nce 990,66 fMt aIoDi tnD
.-c. of a WrYO, concaV6 110 th. NOrth"D~ hl.\'in~ I. ndi\l.1 of 1,250.00 feet
and .lubtmldm by I. chofd bavinl.lcn.ph of P64,94 feet and bcarinl N 86.
39' 35.S" W to .. point of~vom curvature; Ehe:nC$ 829,00 feet along t.M
Dot I. curve.. conca~ to E11. SOlllh, having II radius or 900.00 feet and
IUlMndod by II chord having a ImtgCh Df 800,00 tcot and bcarlng g 8~1t 39'
24" w~ the.nCD .!I 89D 38' 30" W far 64.9' feet to a point on the West llne of
Section 14,llIid paint belng CM SouthWeI!<<n mose comer of FOr6lt Labl
Homa lubdtvllion; thence N 02.. 15' 35" W along !jlllid WeISt line for
1,151'.80 feet to the. Weat \4 0Dme.r of Section 14. tlu:noe contlnull1g alonl
Raid Weat. Uno N 000 !~' 001( B for 2.,:595,97 mt eo Ol~ POINT OF
BBOlNNINO.
1 ~ , 1
.2. 'IlLt Uait hen.by CI'MfM and IIItablilhed it for the pur.pOIC of proyl4ln, and
malntlUnlna Improved roadway Jilnting, rolC!w.ty-niaUld dniaap and rQldway mtorAtion
within the area Df tho Unit and to tbat enct IhaJI poIafJU III tm. powen Co do all thinp ~.Ion.ably
ncouwy In connet;1icm thezwrlfh. Thf inltrlllmpt'O't'&m&nlll lununder eMU be. within tblt lltCa
depi.~ted 011 ~b1blt "A" at1&ched harel:o &nO ,hall ino(ude:
A. Completo falOralion ofroadWIl)', inc.luding:
1, BK1rtlni toad bl5o<i miud in place.
2.. Prime md cover.
:], 2- ohapiIalt plV<<m~t larfllC4l rou.ne..
4, rnltallatlon of nocellary draiollP pipe.
B, Pro\lidln,s pump &lld lama m.tn for drawclown of Ilk. Bl.lrfl.CO and off-Bile '
dilCharge to enable: tmpC'O,,~ ro&dway drainap.
http://www.c1erk.collier.fl.us/scriptsILFWebLink.exe/weblinklbrowser.html?doc=12751&t~...1/23/2003
__..cd1ce :.WUL-Lj
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Mainlene.nco of Bucll improvlmlSlt!8, al rcq,uil'l!ld,
Said Unit.twl have! tho authority to levy ad valorem taxCI III preac:ribro by law
not to ~ ~ thnlo (31 mill in IlIlY on. theal )'Nr,
SECl"ION TWOI INCLUSION IN THE CODE OF LAWS AND ORDINANCES.
Th6 provisiona of thia Ordul.lmce 1I111I become. and ~ mado a part of th& Code. or Law.
It'd Otdtn.anoel of Collier Cl)~nt)', Florid... Tho .cc:don. or tho Ordlnan<lO m.-y b~ nnumbenld 01'
re-lettcfcd to llcoomplilh IUOEl, and th~ word "ordtnlln~. may be ~lta.np. to "Icctian, n
W' any <<nor IppropdatJe. word.
8EC'tION mREEI CQNFLIC'f AND SEVERABILITY.
:m tho o\'ODllhil Ordinance conflietl wid! any other Ord3nBnOC- of Comc: Count)' or other
Ipplicab16 raw. tl\6 more. relfrJcC;lve .&all "ppl~. If an)' pbrur. 01:' porfiora of !he Ordini.Ilce. ia MJd
In Yil.lId or u1LCOnatltuti.cnal b)' InY cou:rt of oampr.f.ont i urbdiotion, IUch 'Portion ahall be deemed .
..aparate, distinct and independent provlsioft ancI .Deb. bolding .hall not a1foc( tht valldlt)' of the
remltn!n, portIon.
~ECTION :roURl :EFnCTIVE DAT'L
This OnUnanc;e lhalJ tab e.1!ect upon fiU:ng with. th. FSariw. ~ont or SllUe,
PASSBD AND OtJLY ADOPTBD by the BoanI of Coa.nty CommiSllionc:nl or Collier
County, Florida tnll J 4~ dll.yof ~,2002.
BOARDOFCOUNTYCO~~ON!RSOP
COUJER. COUNTY, FLORIDA
By: d~JAlLf~
I~MAH
Thr. on:lln(lll'll:l& f1ll1a with thl!
~tQl')' of ~fttc. tn.
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of By ~~~"'...../
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ri1~C; k Vi J
611
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STATE OF FLORIDA)
COtmTY OP COItLIllR.)
I, DW!GBt' ~. BROCK, Clerk at Co~r~. ~~ and fo~ the
Twent1&th J~dici&l C!r~uit, collier County, Plor1~( do hereby
certify tbat the tora9cing ia _ tru. ~QPY atl
OkDrmANCS mo. ZDO~-~3
Which w.. adopt.Q ~y th& B04~d of County Commj~!ionera O~
the 11th Q.Y of May, 2D02, duri~g a.~.r Session.
~I~mESe my h&nd aud the offio~al seal ot ~h. Board of
County CommiBBion~r. of Collier county, 'lorida, ~hi. 15tb day
of: Ma.y, ~O()~.
D1UQH'I' Il, B1iP.OCK
Clerk of Courea and Clerk
IlK-offioio to BOi1:t.'c! ot ;
county Commi&&!oner. '
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Powered by LaserFiche WebLink v5.0 1: Registered to Collier County Clerk of Court
http://www.clerk.collier.fl.us/scripts/LFWebLink.exe/weblinklbrowser.html?doc==12751&t;...1/2312003
EXECUTIVE SUMMARY
1611
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APPROVE A BUDGET AMENDMENT FOR THE FOREST LAKES MSTU TO
TRANSFER $587,000 FROM RESERVES FOR FUTURE CONSTRUCTION TO
CAPITAL AND OPERATING EXPENDITURE BUDGET
OBJECTIVE: To obtain approval from the Board of County Commissioners to process a
budget amendment to transfer $587,000 from Reserves for Future Construction to the Forest
Lakes MSTU Capital and Operating Expenditure budget.
CONSIDERATIONS: On November 19, 2003, the Forest Lakes Advisory Committee met and
discussed the Drainage Master Plan recommendations presented by Wilson Miller and the
current allocation of funds within Fund 155 Forest Lakes MSTU. The Committee requested and
, voted to have funds transferred to the Capital and Operating Expenditure Codes to provide the
funds to implement Phase One and the Priority Improvements recommended by the Wilson
Miller Drainage Master plan and to repair the potholes in the roads within the MSTU boundaries,
Priority Improvements and Phase One of the Wilson Miller Drainage Master plan include
cleaning out the swales, placing a weir gate, removing debris and rocks from Lake 4, and placing
single family culvert~ <m<i cr()ssdrains,_
~. FISCAL IMPACT: A budget am~ndment is needed to transfer $587,000 from Reserves for
_ Future Construction to Capital Improvements General and Operating.
GROWTH MANAGEMENT IMP ACT: None.
RECOMMENDATION: That the Board of County Commissioners approve the necessary
budget amendment to transfer 587,000 from Reserves to the Forest Lakes MSTU Operating and
Capital budget.
REVIEWED BY:
Diane
cAP a/J(er'
Prince, Project Manager
Date:
PREPARED BY:
Date: '"f....,~
, Dir ctor, Traffic Ops. and Alt,Transp rtati n Modes Department
( ~ . Date: IIf;;!O:J
E. Feder, AICP, Administrator Transportatlo Services Division
AGEt-{qA I:w.M
No.ll~ ~ d---
DEe t 6 2003
\
Pg.
01/29/1996 02:57
9417748828
PAGE 01
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AP,H, Date.................,....,
1~/l
BUDGET AMENDMENT REQUEST
Fund Number 155
Fund Description Forest Lakes MSTU
Date Prepared: 11 (26/03
Approved by Bee on: 12/16/03
Attach Executive Summary
Item No.: II-I!,'?-
FWld Center Title:
WBS Element Title:
Expense Budget Detail
Forest Lakes MSTU
Forest Lakes MSTl,J
FdCtrNo.: 112593
WBS No.: 680631
_(Provide the Fund Center or WBS dement information; it is not requued to provide both.)
Fund WBS Commit Com.mitment Item Increase Current Revised
Center Element Item Description (Decrease) Budeet BudKet
112593 680631 763100 Improvements General 487,000 41,250 ~ 528,250
112593 680631 634999 Other CoJitractual Svc 100,000 6,791 / 106,791
Net Change to Budget 587,000
Fund Center Title: Reserves
WBS Element Title: FWld 155 Reserves.
Provide the Fund Center or WBS element infoJmadon; it is not re ired to :vide both,
Fund WBS Commit Commitment Item Increase
Center Element Item Descri ti~n ecrease
919010 991551 993990 ReservesforGepillll-- (587,000)
'M~~o FJ..t'e. c..", t1"
Expense Budget Detail
Fd CtrNo.: 919010
WBS No,: 991551
Revised
Bud et
~?bQ
Net Change to Budget (587,000)
Fund Center Title;
WBS Element Title:
Expense Budget Detail
Fd Ctr No.:
WBS No.:
{Provide the Fund Center or was element infbrmatioo' it is not R:Quired to orovide botb,)
Fund WBS Commit Commitment Item Increase Current Revised
Center Element Item DescriDtion (Decrease) Budget Bud~et
i
Net Chang~ to Budget
01/29/1996 02:57
9417748828
PAGE 02
Fd Ctr No.:
WBS No.:
1611
Fund Center Title:
WBS Element Title:
Revenue Budget Detail
(Provide the Fund Center or WBS element infilnnation" it M not,n:quin:d to Drovi. both,)
Fund WBS Commit Commitment Item Increase Current Revised
Center Element Item Descriptfun (Decrease) Budeet Bud2et
i
Net Change to Budget
,
EXPLANATION
Why are funds needed? Future cODstruetion to the Forest Lakes MSTU,
Where are lunds available? Funds are *ailable in reserves.
Cost Center Director:
,
REvIEw PROCESS
Division Administrator:
Finance De artment:
Clerk of Board Admin.:
Input by:
B.A. No.:
FOREST
LAKES
ROAD\Y,\ Y AND DRAINAGE ~'l,S,T.U,
16/1
ADVISORY COMMITTEE
2705 HORSESHOE DRIVE SOUTH
NAPLES, FL 34104
Agenda
December 17, 2003
I. CALL MEETING TO ORDER:
II. ATTENDANCE:
III. APPROVAL OF MINUTES: November 19, 2003
IV. APPROVAL OF AGENDA:
V. TRANSPORTATION SERVICES REPORT
A. Budget - Val Prince
VI. OLD BUSINESS
A. Report by \Vilson-Miller - Craig Pager
1. Update on Specification Contract
B. Update on turn lanes onto Pine Ridge from Forest Lakes Main
Entrance
VII, NE'V BUSINESS:
A. Results of special meeting with Golf Course - Bob Jones
B. 0wnership of Woodshire Lane - Val Prince
VIII. PUBLIC COMMENTS
IX. ADJOURNMENT
The next meetil1J! will be .!alluarv 2b.-t. 2003 at 10:00 A.ill.
AT THE FOREST LAKES CLUBHOUSE
1058 Forest Lakes Drive
Naple,... FL 34105
No~j~~~A~
l pgDE~16 2003
FOREST
LAKES
16 I 1 ·
ROAD\YA Y AND DRAINAGE I\l,S.T.U.
ADVISORY COMMITTEE
2705 HORSESHOE DRIVE SOUTH
NAPLES, FL 34104
lVlINUTES
November 19.2003
I, The meeting was called to order at 10:07 AM by Chairman Robert Jones.
II. ATTENDANCE:
Members: Bill Seabury, Bob Cunningham, Roger Somerville, Virginia
Donovan, Bob Jones
County: Val Prince-Landscape Operations, Tessie Sillery-Operations
Coordinator, Diane Flagg-Director Traffic Operations-A TM-Landscape
Operations, Jerry Kurtz-Project Mgr.lStorm Water Mgt., Bob Tipton-
Traffic Operations Engineer
Others: Robert Kindelan-CLM, Rebecca King-Wilson Miller, Craig
Pajer- Wilson Miller, Sue Chapin-Manpower Services, and approx 10-15
residents. (Sheet attached)
III. APPROVAL OF MINUTES: October 15,2003
Roger Somerville moved to approve the minutes of October 15,2003,
Second by Virginia Donovan. Carried unanimously 4-0.
IV. APPROVAL OF AGENDA:
Under Old Business add: C. Maintenance Contract for Woodshire Ditch
Bob Cunningham moved to approve the Agenda as amended. Second by
Roger Somerville, Carried unanimously 4-0,
V, TRANSPORTATION SERVICES REPORT
A. Budget - Val Prince handed out the Budget sheets. He explained the
various accounts, line items and Revenues. (Attached)
1. Pot Hole Update - Invoice for Road & Bridge on Pothole
repairs is for $934.79. That account is now in the negative.
Originally budgeted $500.00. (The Committee directed the
County to fill the pot holes.) It was noted they are in need of
repair again,
Val mentioned the fund for Electricity is also in the negative of
$37.50, General Improvements are in the negative $3,750.00.
Those 3 accounts will need adjusting.
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DEe 1 6 2003
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Val recommended monies be movcd from "Reserves for FUlu16 I 1
Construction" and done all at the same time at1er Craig Pajer's
presentation,
2. Transfer of Funds - will discuss further after Wilson Millers
presentation.
VI, OLD BUSINESS
B. Traffic Concerns onto Pine Ridge - Bob Tipton
Bob Jones suggested a dual left a'1d the right lane go left or right on red
only.
Bob Cunningham stated they have a problem for approx, 10 weeks
during the year - to make a double turn lane and not a right at the traffic
light at Pine Ridge and Forest Lakes Blvd. He feels the green light is for
too short a time period. He felt the solution was to extend the timing of the
green light in order to get more cars out of the entrance onto Pine Ridge
Road.
Bob Tipton informed the Committee they cannot extend the timing of the
light any longer than it already is. It is getting 24% of the cycle time and
can't take any more time away from Pine Ridge Road. The times change
during the day and he is looking at the AM rush peak hours. There have
been complaints with right turns on red while Pine Ridge west bound has
the green arrow. There have been requests of posting and changing "no
turn on red", The sign now says "right turn on red, yield to U-turn
traffic". The "no turn on red" will reduce the traffic going out.
After a lengthy discussion, Bob Tipton recommended installing a "dual
use left turn lane" - 30 seconds green in AM, and "no turn on
red".......can do the markings and changes within a month.
Bob Cunningham is in favor of the dual left, but not the "no turn on
red". It was discussed that residents should be able to turn right on red in
the non-peak hours. More discussion followed on possibilities.
Mary Marconi (resident) stated she doesn't want to increase the traffic, but
she would take the road behind Publix to get onto Pine Ridge. Mr. Tipton
stated it might be an alternative.
Roger Somerville moved to have the County install a dual left lane
"left only" option of the right lane; "left turn, through traffic or right
turn on red." They will study the options of the right lane, leaving it
as is, (which is right turn on red, yielding to V-turn) with the
possibility of changing the right lane to "no turn on red" event.ually if
needed. Second by Bob Cunningham, Carried unanimously 4-0,
A. Update on Proposed StudyAVilson-MiIler - Craig Pager
A report was handed out. (Attached) Map displayed.
Table 1- Swale Re-grading
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· Majority of swales are on golf course property, but considered
joint in nature as originally designed.
· No historical data so took Counties fixed term construction costs (3
contractors) at hourly rate for; equipment operator, laborer,
foreman and equipment. Estimated in one day they could
reconstruct 100 feet of swale.
· Estimated cost $629,325
Table 2 - Swale Replacement with ,Pipes.
· A pipe could be used instead of re-grading swales.
· Estimated cost. $3,050,595
Craig discussed the east side of Forest Lakes - all swales drain to Lake #12 - outfalls to
Swale #18.
A controlling factor is the elevation ofthe water in the canal adjacent to Forest Lakes.
When extreme flooding, water level in canal is high and above elevation. Have no
control over the elevation in the canal that goes to the Gordon River, taking care of the
flow internally. Need to clean up everything in Forest Lakes so not responsible for any
internal flooding - then if it can flow it will. The County is responsible for the Gordon
River.
Craig commented that $600,000 to re-grade the swales is costly, but is 20% of what it
would cost to put a pipe in, which is a long-term fix. They would be paying 5 times more
money, but more ofapermanent solution to the drainage problems. TheCommittee will
have to make that decision.
The total flow during a 100 year rainfall for the Forest Lakes development on the east
side is 200 Cubic feet/sec. Double it when adding the whole area.
(Bill Seabury arrived"' 10:50 AM.)
Table 3 - Additional Improvements,
· Single Family Side Yard Culverts - pipes and catch basins -
replacing the swale with a pipe. Est. cost $549,885
· Single Family Roadway Cross Drains - connections to each side
of roadway so swales of homes on east side would connect to west
side swales. Instead of going toward golf course, would flow to
north south canal. Est. cost $117,000
· LakelSwale Interconnects - connect lakes, replacing swales
w/pipe and put a catch basin in golf course swale to intercept the
flow in swale putting it into the lake. Est. cost $87,842
· Valley Gutter along Woodshire Lane - problem is buildup on
east side - add 2 foot valley gutter to roadway. Will take water off
asphalt, channel into valley swale, and direct to eastern perimeter
ditch or #18 ditch. Est. cost $120,000
· Lake Enlargements - 4% ofland allocated to lakes. Naples Bath
& Tennis is 17%. Part of problem is when it rains no place for
water to go giving more volume to the lakes. Need app va
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1611
golf course and would double the amount oflakes to 8%. Est. cost
$1,771,189
· \Vater Storage Tank - concrete tank for golf course to store
irrigation water. They are now getting reclaimed water from City
of Naples. Putting water in the lakes is taking up volumes of water
that could be used to store run off for stonn drainage. Solution is
to take reclaimed & irrigation water for the golf course out of the
lakes, byhaving a storage tank that would be filled through-out the
day. Showed site location by Lake #8. I M gal tank.
Est. cost $400,000.
· De-silt Twin Culverts at Hole 5 - by Lake #4 - Est. cost $17,280
· Littoral Zone Plantings (Lake vegetation) - planted around lakes
on the golf course. Est: cost $127,850
· Add Catch Basins Along Forest Lakes Blvd - Man holes there
and no way for water to go into the stonn sewers. Est. cost
$24,000 .
· New Outfall @ Fairways at Emerald Greens/Single Family
Homes - connect lakes and outfall to eastern drainage ditch to
relieve existing control structure and capacity of ditch by routing it
out of Forest Lakes into the east south canal. Est. cost $107,625
Potential Solutions: No cost estimates t.dven at this time.
· Forest Lakes Villas Swale Installation - driveways have inverted
concrete swales - sod is high - put swale in for drainage.
Conunittee needs to decide whether they will be getting involved in
individual Condominium Assoc. to make improvements, or leave those
improvements to the individual Assoc. themselves. Will the MSTU
correct swales in front of all single family homes, or just provide the
infrastructure, allowing them to grade the homes properly and take
responsibility for the maintenance of their own systems.
· Repave & Add Storm Drains - Quail Forest Drive @
Clubhouse - Roadway deteriorating - culvert there - ground
higher than culvert - no place for water to go. Need to repave
roadway and put swales and culverts in for drainage.
· Swale #18 Vegetation Maintenance - eastern swale-
vegetation from Naples Bath & Tennis overgrows on top of
swale - leaves and roots - need to hire someone to keep
cleaned out.
· Chibhouse Parking Lot Underground Water Storage-
taking out parking lot and putting in plastic water vaults.
Connect to lakes - expensive.
Table 4 - Enlare:e Lakes
· Description of each lake - doubling the volume. E
$1,771,189
4
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DRAFT 'VORK PLAN - PRIORITY IMPROVEMENTS
· Clean out swales #18b & #18c - critical as it is 1 12 foot too
high - will get drainage out of Lake 10 & Lake 12. Est. cost
$68,731
· 'Veir Gate -Lake 12 - planks raise the water level so it can't
get out of the lakes in Forest Lakes and go through the pipe
into the swale. Planks are difficult to remove and install -
better to have a weir gate to raise and lower. Can maintain the
water levels more accurately. Est. cost $12,000
· Remove Rocks & Debris from Lake #4 -the build up of
rocks and debris is restricting the flow - also on the outfall side
that need to be cleaned. Est. cost $20,000
· Priority Improvements total estimated cost: S100,731
DRAFT WORK PLAN - PHASE I
· Swale #2 Re-grade - by Forest Lakes Villas - Est. cost
$66,803
· Swale #16 Re-grade - by Belvedere - Est. cost $50,098
· Connect F-3 (Fairway) to Lake 2 - by Clubhouse - Est. cost
$20,450
· Single Family Culverts & Cross Drains - Est. cost $65,370
· Phase I total estimated cost: $202,720
Virginia Donovan stated large rocks or boulders have been dumped into the lakes. Lake
#6 should be corrected first as they are very large rocks. Craig stated there should be no
rocks in the lakes.
Lou Rossi, Quail Run General Manager - stated the level of the golf course was never
raised. Asked about increasing the lakes from the 4% to 8%. Is property going to be
taken? Craig responded some fairway would be taken, Lou said that would be a major
problem. Increasing the lakes would be nice but can't increase the lakes with the expense
of taking the fairways.
Craig stated they looked at it from an engineering perspective. That will be a decision
between the Board and MSTU Committee.
Lou also asked if Wilson Miller had checked the soil for what the depth is and how deep
the stone cap is. When they put in 20 additional new greens they found large rocks
which would have been astronomical to remove, so consequently they dumped them in
the lakes.
Lou also mentioned they received notice from the County they can no longer spray for
weeds because the acidity of the golf course and lakes are too high because of the run off
from the 14 communities. He stated it is imperative the water get off the golf course and
indicated there may be some serious legal problems.
Craig would like a copy of the notice that was sent to Lou by the County.
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Lou mentioned when the new greens were added they did raise them.
1611
(Bob Cunningham left at 11 :30 PM.)
Jerry Kurtz informed everyone two years ago the County spent $200,000 on a major
clean out of the southern most portion of the upper branch of the Gordon River. They
took out a lot of debris from the clogged area, but are now clean and being maintained. It
is working properly. The Wilderness Golf Course and Royal Poinciana is draining
b':cause of the improvements to the Gordon River and their own internal improvements.
If Forest Lakes cleans out their internal system it will also work a lot better.
Discussions followed further on various problems with water flow and drainage in the
community.
Jerry Kurtz stated the canals have all been cleaned out from the bottom of Forest Lakes
to Golden Gate Parkway and another half mile south to the Conservancy. They worked
with Royal Poinciana and Wilderness with barges etc. to clean them out. A Gordon River
study will determine how big the channel needs to be dug out and will then get proper
permits etc" but is cleaned out and working properly now.
He suggested to stop putting the blame outside of the Forest Lakes project, and the
MSTUCommittee needs to start working on their swales and vote today to implement
Phase I of the Work Plan and start some action immediately.
Roger Somerville wanted to get a proposal from Butler Engineering for a pump station
and prioritize what needs to be done on the golf course and get the roads fixed.
Jerry Kurtz responded the pot holes are all related and a direct result of the problems
they have with their own (Forest Lakes) drainage. They need to take care of the pot holes
now since they are so bad, which shows the urgency of implementing the work plan. As
the projects and improvements are done, the pot holes will be less and less severe.
He also said Julio Ordones tried his best years ago for the Committee and now they need
to continue and get the projects started again.
Roger Somervl1Je I..Dved to get an estimate from Craig Pajer/Wilson Miller &
Butler engineering for a pump station to understand the cost difference.
Second by Bob Jones.
Wilson Miller did not recommend a pump station in their plan. After completion of the
study, it is their opinion it can be drained by gravity and a pump station is not needed.
Val mentioned there would be long term maintenance and replacement costs to the
residents and would not recommend putting it in either.
Motion fails 3 - 1 - Donovan, Jones & Seabury voting "no" - Somerville voting
"yes."
Diane Flagg addressed the Committee stating they have spent money to hire Wilson
Miller to develop a plan on how to get the water off the property into the GOrdt RiVAtGE~A~
No.Ho
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DEe 1 6 2003
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A motion needs to be made to implement the Work Plan and Phase I and allocate
$2-3,000 to continue to repair the potholes until the water can be taken off the road. No
sense in allocating funds for an overlay until the plan is implemented to get the water off
the road.
Bill Seabury moved to implement the Draft Work Plan and Phase I that was
recommended by Wilson Miller for an estimated cost of approx. $300,000. Second
by Bob Jones.
- Bill wondered if just the priority improvements could be done first.
- Val said the committee needs to get casements from the golf course and would like the
motion to be amended to include acquisitions are needed for any easements necessary;
whether they be construction or drainage easements.
Bill Seabury amended his motion to include acquiring any needed easements from
the golf course or needed property owners in implementing the \Vork Plan. Bob
Jones amended his second.
Motion carried unanimously 4-0.
Bob Jones moved to authorize Collier County and Wilson Miller prepare a Scope of
Work for services for plans, costs, design and specifications. Second by Roger
Somerville. Carried unanimously 4-0.
.~ A
;-,':'~~mc~i.~f4lfll~~~~~.~W:m*l~i~~~{.~I~ " ~
General With the remamder of the funds to be diVIded among tlie operating
categories in the amounts appropriate to cover the deficit accounts and any other
accounts necessary. Second by Bob Jones.
A Budget Amendment and Executive Summary will be prepared.
Carried unanimously 4-0,
C. Maintenance Contract for Woods hire Lane Drainage Ditch-
Roger moved to cancel the contract with Commercial Land Maintenance to
clear Woodshire Ditch. Second Virginia Donovan.
Robert KindelanlCLM explained his contract is for once a month to do weed
control on the banks of the canal and control plant material that impedes the flow
of water. They are not to clean out or dredge out the canal. They did it on a one
time basis with a back hoe etc. He also said it didn't make sense to do the
maintenance if they are going to excavate the canal, so it would be logical for
them not to do that particular maintenance.
Motion carried 3-1. Bill Seabury voting "no.
Bill Seabury wanted to reword the contract according to the extra work
that should be done and maintained.
They are paying $260/Month for those services.
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No. lD
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VII. NE\V BUSINESS:
A. Estimate on \Veir Gate - Craig Pajer/WM - discussed earlier
B. Quotes for cleaning out the ditches & swales - Val Prince - discussed
earlier.
C. Results of meeting with Golf Course - Bill Seabury - The committee
has a copy of the Special Meeting held on October 23, 2003.
Another follow-up meeting will be held at Quail Run Clubhouse on
December 10, 2003 - time to be determined,
D. Ownership of\Voodshire Lane - Val Prince
Val handed out a copy of the tax map. (Attached) There are issues on the
ownership of the right-of-way. Will cost $150 for each parcel for a title
search,
There was a lengthy discussion on the ownership and verification of a
certified title search for Woodshire Lane. Legally this will have to be
done before a contract or any improvements are done on the properties,
Easements need to be verified. Improvements cannot be made on private
property unless the owner's permission is given. (Associations etc.)
Bob Jones moved to authorize staff to get the Abstract Title work
done by a Certified Title Company to verify the o\\'nership and right-
of-way of Woodshire Lane from Pine Ridge to Emerald Greens
including Woodshire Villas, not to exceed $500.00.
Second by Roger Somerville. Carried unanimously 4-0.
D, Sunshine Law \Vorkshop -12/5/03- 2-3:30 or 1/14/04-9-10:30
Val would like authorization to provide an RLS to the County Attorney to review the
Ordinance making sure the MSTU is incompliance and the Ordinance doesn't have to
be modified and continue without changing it.
The Committee feels they should not have to pay any legal fees for the County
Attorneys Office to review the Ordinance that they created originally.
Val will discuss street lighting with the Committee at another meeting.
VIII. PUBLIC COMMENTS - Ernie Carroll discussed the potholes, grants and
sidewalks for future consideration,
Being no further business to come before the committee Roger Somerville moved
to adjourn, Second by Bob Jones. Meeting adjourned at 1 :25 Pl\1.
The /lext meeti/l!! will be December 1 itll, 2003 at 10:00 A.M.
AT THE FOREST LAKES CLCBHOUSE
1058 Forest Lakes Drive
;Yaples. FL 34105
8
No~~A22:
DEe 1 6 2003
L_~_~' JC?
Message
sillery _t
Page 1 of 1
From: tipton_b
Sent: Tuesday, December 16,200311 :38 AM
To: sillery_t
Cc: flagg_d; prince_v
Subject: PRR at Forest Lakes
Tessie -
/' 7 ,.-.
(... "#1' .~
Je " II
As an update, please be aware that we will be unable to implement the new traffic signal phasing at the subject
intersection until next month. Given the heavy schedule of the County's road construction efforts, our signal
contractor is unable to schedule the work until after the first of the year.
Thanks
12/1712003
~<,
--=:
COLLIER COUNTY GOVERNMENT
TRANSPORTATION SERVICES DIVISION 16 /1
Traffic Operations and Alternative Transportation Modes Department
2705 Horseshoe Drive South e Naples, Florida 34104 e239-774-8192 e FAX 239.213.5899
Forest Lakes Roadway and Drainage Municipal Service Taxing Unit (MSTU)
Residential and Multi-Family Owners
January 5, 2004
Objective:
Your Advisory Committee has been addressing the purposes of the MSTU. As such,
Wilson Miller, Inc., is under contract to research and recommend a functioning master
storm drainage system for this MSTU
We at the county operations level will be providing the MSTU Residential and Multi-
Family Owners a visual overview of the storm water progress status. To that end, a
meeting has been scheduled so the MSTU's Consulting Engineer can make a short
presentation explaining MSTU accomplishments to date, ongoing status, and what is
involved to meet the proposed Storm Water Master Plan Design.
You are being invited to attended the above presentation at the location, date, and time
indicated:
Location:
Vineyards Community Park - Community Center
6231 Arbor Blvd. West, Naples Fl. 34119
Date:
January 12, 2004
Time:
7:30 PM
Meetinl! Lenl!th:
30 Minutes - With time for questions and answers to follow.
Meetinl! Al!enda:
I. - Introduction by County - 5 Minutes
II. - Presentation by Wilson Miller, Inc. - 25 Minutes
III. - Questions By Residents/Owners - As Asked/Time Unknown
We need your help to pass along the meeting information, so when you see your
neighbor, please mention this advisement to them.
Your attendance and help will be greatly appreciated.
Respectfull y,
Val Prince, Forest Lakes Roadway and Drainage MSTU County Liaison
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JAN 0 8 2004
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Henning
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GOLF ESTATES BEAUTIFICATION'MSTltv Com.fSS/oners
ADVISORY COMMlnEE
2705 Horseshoe Drive South
Naples, FI 34104
SUMMARY OF MINUTES & MOTIONS
December 18, 2003
IV. Approval of Minutes:
Robert Cole moved to accept the minutes of October 16, 2003. Second by Bill Erickson.
Carried unanimously 5-0,
vn. Hearing of the Public
There was a discussion by the residents concerning the sign.
Bob Slebodnik moved the design for the US 41/St. Andrews Blvd. entrance signs
presented by George Ramsey, President ofLely Civic Assn, be approved. The
material to be used is heavy aluminum coated with titanium to look like plashed
brass. The letters will be at least one inch thick and are to be raised a minimum of
one inch from the surface of the wall. The walls are to have a faux finish that
resembles the marble at the Lely Resort entrance. The expense of this signage will
be shared equally by the Lely Civic Assn. ands the Lely MSTU.
Second by Bill Erickson,
Bob amended his motion to state the fine decision on the polished or brushed gold
top be left up to the sign company and the Oeur-de-lis be the original Lely Oeur-de-
lis logo, Mr. Erickson amended his second, Motion carried 4-1. Tony Branco voted
"no".
v,
Grant Award - Diane Flagg
Diane explained two grants had been applied for. She fully funded the Lely grants with
no expense to the MSTU. Will be awarded 2006/07 fiscal year, Project will also include
the drainage pipes ands rebuilding the small bridge on St. Andrews Blvd.
VI.
Landscaping Maintenance Report , "
Signs on Doral- Bob Slebodnik moved at a later date the LetY;eiv~rAtBociation
may bring before the Committee a design for the Doral entrance. Final approval
for the sign will rest with the Lely MSTU Committee. Secondltiy.lliI!.I!:!W, ri_o 0'..
Carried unanimously 4-0. d-[rorocr--
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XID. New Business:
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B, Required motions which are necessary to proceed on Front Entry.
,Jill"
Bill Erickson moved the Lely Golf Estates Beautification MSTU Advisory Board
request & recommend to the BCC that the MSTU Advisory Board be granted final
approval authorization of layout & finishes prior to construction. Through the
Advisory Board's Liaison, Bob Petersen & the Advisory Board's Landscape
Architectural Consultant, McGee & Assoc. This would include the St. Andrews Blvd.
drainage canal bridge and the proposed sidewalks within the St. Andrews right-of-way
from Pebble Beach Blvd. to US 41.
Second by Robert Cole. Carried unanimously 4-0.
Robert Cole moved the Lely MSTU Advisory Board recommends CoUier County enter
into easement agreements and/or modify the existing entrance monument and
maintenance easements with the adjacent property owners along St. Andrews Blvd.
being; Lely Presbyterian Church, Buena Vida, Lely Square and Lely Plaza.
Second by Ron Torp. Carried unanimously 4-0.
Bill Erickson moved to direct Bob Petersen, to prepare an Executive Summary, to
request the BCC advance the LeIy GGlf Estates Beautification MSTU Advisory Board a
sum of money needed to complete the entry project in the spring of '04.
The amount of the loan would be determined at the next meeting, Second by Robert
Cole. Carried unanimously 4-0.
2
..
16 I I'i
GOLF ESTATES BEAUTIFICATION MSTU
ADVISORY COMMlnEE
2705 Horseshoe Drive South
Naples, FI 34104
January 15, 2004
AGENDA
I, Call meeting to order,
n. Attendance:
m. Approval of Agenda
IV. Approval of Minutes - December 18, 2003
V. Landscape Maintenance Report - Doug Green
VL Landscape Architect's Report - Mike McGee
VB. Transportation Operations Report - Bob Petenen & Joanne Hartman
A. Progress Report on Signage, Project 1 & 2, Water Bills
B. Current Budget
C. Other
vm. Committee Reports:
A. Budget Projection Report - Bill Erickson
B. US 41 Entrance Landscape Committee - Ron Torp, Mike McGee
C. Other
xm. Old Business:
A. Risk Management Report
B. Review Executive Summary Loan Request Language for BCC
X. New Business:
XI. Public Comments:
XU. Adjournment
The next meetinll will be Februarv 19.2004 at 4:00 PM
Collier County Landscape Operations
2705 Horseshoe Dr. South
Naples, FL 34104
1 6 I 1 "'J~
-
GOLF ESTATES BEAUTIFICATION MSTU
ADVISORY COMMITIEE
2705 Horseshoe Drive South
Naples, FI 34104
December 18, 2003
MINUJEj
I. The meellng was called to order at 3:58 PM by Chairman Robert Slebodnlk.
II. Attendance:
Members: Tony Branco, Robert Cole, Bill Erickson, Robert Slebodnik and
Ron Torp,
County: Bob Petersen-Landscape Operations, Joanne Hartman-MSTU
Operations Coordinator and Diane Flagg-Director of Alternative
Transportation Modes and Landscape Operations
Others: George Ramsey-President LeIy Civic Assn., Jennifer Tanner-Board
Member Lely Civic Assn" Shirley Ingersall-Chr. Hearing Committee,
Michael McGee-McGee & Assoc" Douglas Green-Green Heron, Sue
Chapin-Manpower Services,
Bob Petersen introduced Joanne Hartman who is the MSTU Operations
Coordinator and Sue Chapin with Manpower who will transcribe the minutes
for the Committee,
III. Approval of Agenda: Move Item VIII to follow IV due to Mr. Branco having
to leave by 4:30 PM,
IV, Approval of Minutes - October 16, 2003
Item 8 - E. Small sign was questioned - Bob Petersen explained it was a
sign that identities Royal Palm Country Club located in their community.
Robert Cole moved to accept the minutes of October 16, 2003. Second
by Bill Erickson, Carried unanImously 5-0.
VIII. Lely Entrance Signs
A. Update - Tony Branco
Several items need to be agreed upon such as:
. Acceptance of design and layout
. Text and copy
. Contractor
Issues with pros and cons:
. Tie into Lely Resort Community has been agreed upon
. Identifying it as Lely Golf & Country Estates
1
. Including - Deed Restricted Community - on sign. 1 6 / 1 "..
Tony gave his views on this subject and mentioned he ha~
contacted many from the Naples Board of Realtors In which
they expressed that text would reduce the demands for
property in the Community.
. Text Lettering - Gold - high gloss vs, brushed finish (high gloss
has tendency to reflect a dark. background)
Tony showed a sample of the brushed finish to the
Committee.
VII. Hearing of the Public:
Shirley Ingenall - LeIy Board Fining Committee Chairman
She questioned if it is the MSTU that will make the decision of the
sign.
Bob Petersen responded the MSTU and Collier County own the signs
and the property that was deeded to them by the Developer, The
decision should be a combined effort of both groups.
George Ramsey - President LeIy Civic Assn.
He gave a history of the color and verbiage on the sign. The
estimated cost is $4,171 per wall for lettering. They have
gotten positive calls of placing II Lely Golf Estates - A Deed
Restricted Community" on the sign, The members of the Civic
Association want "a deed restricted community" on the sign,
A lengthy discussion followed on the IIdeed restricted community II
being placed on the sign and reasons for and against,
Jennifer Tanner - Administrator Lely Civic Assn.
She interviewed several persons over the summer and gave them a
copy of the covenants. Each expressed positive feelings of the
community being a deed restricted community. A buyer cannot
close on a property until they have received a copy of the Rules
and Regulations.
Tony Branco only sees the downside of including "deed restricted
community" on the sign.
Bob Slebodnlk handed out two motions concerning the sign,
(Attached)
Bob Slebodnlk moved the design for the US 41 1St. Andrews Blvd.
entrance signs presented by George Ramsey, President of the Lely
Civic Assn., be approved. The material to be used Is heavy aluminum
coated with titanium to look like polished brass. The letten will be at
least one Inch thick and are to be raised a minimum of one Inch from
2
the surface of the wall. The WaUs are to have a faux IInlsh that J 6 I 1 ,.
resembles the marble used at the Lely Resort entrance. The expens 0
this stgnage will be shared equally by the Lely CMc Assn. and the LeIy
MSTU, Second by Bill Erickson.
_ Bob Petersen clarified the size of the sign for bidding purposes,
_ Tony asked about the fleur-de-lis and favors the original Lely
fleur-de-lis logo on the Lely letterhead rather than the one that looks
Old English.
_ Tony Branco pointed out the difference of the polished brass and
brushed gold discussed earlier.
Mr. Sleboclnlk amended his motion to state thellnal decision on the
polished or brushed gold be left up to the sign company and the lIeur-
de-Us be the original LeIy lIeur-de-lls logo. Mr. Erickson amended his
second.
_ The cost of the project will be taken out of "contingency account."
Motion carried 4-1. Tony Branco voted "no".
VI. Grant Award - Diane Flagg
_ Two grants had been applied for - One for Sidewalks and the
other for landscaping the front entry,
_ Diane stated there were additional monies from other
Enhancement Grants she had received. so she moved $69,800 to
fully fund the Lely grants with no matching funds from the MSTU.
The money will be awarded during the 2006/07 fiscal year,
_ Sidewalk portion is being done before the Landscaping of the
front entry, The project will also include the extension drainage
pipes and rebuilding the small bridge on St, Andrews Blvd,
V. Landscape Maintenance Report - Green Heron
- Mulching completed
- Normal irrigation maintenance
_ Turf being treated for improvement of color next week
- Pest Control spraying next week
_ Have not switched to city water yet - still on reclaimed water.
Items brouaht UD bY Committee members:
- Move Mulch away from Palms
- Planting of Bougainvilleas
_ Credit on installation of Bougainvilleas/due to no irrigation
for 21 days, (Credit on installation charge on 20% of the
Bougainvilleas that were installed.
- Island 15 & 1 7 bougainvilleas not looking good
- Irrigation leak #7 had been addressed
_ Scalping of grass - medians 1 & 2 irrigation problem (looks dry)
Doug stated it is probably thatch build up as it is being cut at the
3
2 %-3 Inches,
- Spraying technicians need to be more observant and cautlor 6 I 1 .....
with their techniques,
(Tony Branco left at 4:55)
.. Mike McGee mentioned they need to clean sand and resurface
the benches on Dora!.
Signs on Doral - Bob Slebodnlk moved at a later date the LeIy Civic Assn.
may bring before the committee a design for the Doral entrance. Final
approval for the sign will rest with the LeIy MSTU Committee.
Second by 8111 Erickson. Carried unanimously 4-0.
IX. Transportation Operations Report - Bob Petersen
A. Current Budget - Joanne Hartman handed out the Budget
(Attached) and explained the various items and P.O's,
x. Committee Reports:
A. Budget Projection Report - 8111 Erickson - will give report at next
meeting, Bob Petersen suggested an advance on the monies for
the Grant,
B. US 41 Entrance Landscape Committee - Ron Torp, Mike McGee
_ Mike McGee gave report on doing a refurbishment on St.
Andrews Blvd. from Pebble Beach to US 41, Right-of-way is limited
and working with Private Property owners is necessary.
_ Amendment needed for two easements
.. Researched and verified decorative lighting.. near major arterial
3 foot candle light limit required.
.. Pulling out 4 poles - route sidewalk around existing poles - Approx.
$2,000 to remove the 4 poles,
XI. Landscape Architect's Report - Mike McGee
XII. Old Business:
A. Risk Management Update - no information at this time.
XIII. New Business:
A. nme Table for Front Entrance Landscaping - Bob Slebodnik and Bob
Petersen set up a time table for accomplishing the various tasks for
the renovation of the medians on St. Andrews Blvd. from Forest Hills
to US 41 and for beautification of the front entry from Pebble Beach
Blvd. to US 41, (Attached) The report was discussed and noted it is
flexible.
B. Required Motions which are necessary to proceed on Front Entry:
4
BID Erickson moved the LeIy Golf Estates Beautlllcafton MSTU 1 6
Advisory Board request & recommend to the BCC that the MSTuL
Advisory Board be granted IInal approval authorization of layout &
finishes prior to constructfon. Through the Advisory Board's
Ualson, Bob Petersen & the Advisory Board's Landscape
Architectural Consultant, McGee & Assoc. This would Include the
st. Andrews Blvd. drainage canal bridge and the proposed
sidewalks within the st. Andrews right-of-way from Pebble Beach
Blvd. to US 41.
Second by Robert Cole. Carried unanimously 4-0.
I 1
..
Robert Cole moved the LeIy MSTU Advisory Board recommends
Collier County enter Into easement agreements and/or modify the
exlstfng entrance monument and maintenance easements with the
adjacent property owners along St. Andrews Blvd. being; Lely
Presbyterian Church, Buena Vida, Lely Square and LeIy Plaza.
Second by Ron T orp, Carried unanimously 4-0.
Bill Erickson moved to direct Bob Petersen, to prepare an Executive
Summary, to request the BCC advance the Lely Gol Estates
Beautlllcatfon MSTU Advisory Board a sum of money needed to
complete the entry project In the spring of '04.
The amount of the loan would be determined at the next meetfng,
Second by Robert Cole. Carried unanimously 4-0.
C. Other - (Old Business) Robert Cole would like to see the lights fixed
on the entrance side of St. Andrews and the light on the American
Flag.
Bob Petersen addressed the issue stating E, B, Simmons will do the
work.
XIV. Public Comments: None
Being no further business to come before the Committee BDI Erickson
moved and second by Ron Torp to adjourn. The meetfng adJoumed at
5:40 PM.
The next meetlna will be Januarv J 5. 2004 at 4:00 PM
CoII'er County Landscape OperaHons
2705 Horseshoe Drive South
Nap'es, FI. 34 J 04
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FRGM McGee & AssociateS
FA>: liD, '341 417 0708
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MOTION # 1: 1 t:::: ~ 1 -~!
TIfE LEt Y GOLf ESTATES BEAUTIFlCA TJON ~STIJ ADVISORY BOARD REQUEST AND
RECOM.~NDS TO THE BOARD OF COUNTY COMMISSIO}.,r.ERS THAT THE MSTIJ ADVISORY
BOARD BE GRA.~TED FINAL APPROVAL A UTHORlZA nON OF LA your AND FINISHES,
PRIOR TO CONSTRUCTION, BY MEANS OF THE AOv1S0RY BOARD'S LIAISON Mr. BOB
PETERSEN A?'o.TD THE .A.DVISORY BOARD'S LA.NDSCAPE ARCHITECTURAL CONSULTANT
MCGEE & ASSOClA lES, OF THE PROPOSED ST, ANDREW BL VD, DRAINAGE CANAL BRIDGE
RENOV A TION AND THE PROPOSED SIDEWALKS WITHlN TI-IE ST. ANDREWS RlGJIT -OF. WAY
FROM PEBBLE BEACH BLVD. TO US ,n.
MOTION #2:
THE LELY GOLF ESTATES BEAUTIFICATION MSTIJ ADVISORY BOARD RECOMMENDS
COLLIER COUNTY ENTER IN-ro EASEMEl'l'T AGREEMENTS AND/OR MODIFY THE EXISTING
ENTRANCE MONUMENT AND MAlNlENANCE EASEMENTS WlTIf TIlE ADJACE}\.'T
PROPERTY OWNERS ALONG ST. ANDREWS BLVD. BEL"iG: LEL Y PRESBYTERIAN CHURCH.
BUENA VIDA, LEL Y SQUARE, LEL Y PLAZA
PURPOSE:
E..XPAL"lD AND CREATE ADDITIONAL LANDSCAPE A..~D MAINTENANCE EASEMENTS FOR
GR.Ah'TlNG ACCESS, lNST ALLATION OF LANDSCAPE PLANTINGS. INSTALLATION OF
lRRIGA TION IMPROVEMENTS AND PERFORMING LANDSCAPE MAINTENANCE BY COLLIER
COUNTY THROUGH THE LEL Y GOLF ESTATES BEAUTIFICATION M,S.T. U.
11IE PROPERTY OWNER WILL RESERVE TIlE RIGHT TO HA VB FINAL APPROVAL OF THE
LANDSCAPE PLA}.,'TING IMPROVEMENTS RELATIVE TO SITE VISIBILITY BEING DEFINED AS
A SIGHf WINDOW RUNNING THE LENGTH OF THE EASEME..,.WS GENERALLY DESCRIBED
AS FOLLOWS: A WJNDQW AREA WITH VERTICAL LIMITS OF A MAXL\fUM DISTANCE OF 3.5
FEET ABOVE THE EXISTING GRADE TO A MIN1MUM DISTANCE OF 8,5 FEET ABOVE TIm
EXISTING GRADE Al\'D HORIZONTAL LlMlTS R1JNt..I1NG THE El\7IRE LENGTH OF THE
EASEMENI' AREA ALONG ST_ ANDREWS BLVD.
GENERAL EASEMENT DESCRIPTIONS:
SOUTH RlGHT-QF-WAY LINE
LELY PLAZA: EA'TENDlNG FROM mE EASTERN EASEMEl\7 LINE OF THE EXISTING SIGN
MONUMENT EASEMENT AMEND TIIE EASEMENT AGREEMENT TO AOD A 10 FOOT WIDE BY
320 (+/-) FOOT LONG EXISTING LANDSCAPE BUFFER AREA RUNNING ADJACENT TO THE
NORTH PROPERTY LINE OF!MCT J PARCEL 3 (LEL YPLAZA) EXCLUDING TIiE WIDTH OF
THE LEL Y PLAZA PROPERTY ACCESS POINT AND ANY STOR..\.1 DRAINAGE OR UTILITY
STRUCTURES. PARCEL IS APPROXIM..\TEL Y 3,260 SQUARE FEET.
BUENA VIDA: AN EXISTING LANDSCAPE AREA SOUTHWARD OF THE NOR11ffiRN
PROPERTY LINE ADJACENT TO ST. ANDREWS BLVD. RIGHT .QF~W AY RANGING IN WIDTH
FROM 10 TO 26 FEET Ato.'D 122 (+/-) FEET IN LENGTIl EXCLUDING THE WlDTI-IOF l1fE
PROPERTY ACCESS POh'lTS AND ANY STORM DRAINAGE OR UTILIlY S1RUC1VRES.
PARCEL IS APPROXIMA.TEL Y 2,906 SQUARE FEET.
LELY PRESBYTERIAN CHURCH: AN EXISTING LANDSCAPE AREA SOUTHWARD OF THE
NORTIIERN PROPERTY LINE 10 FEET L~ WIDTH RUNNING ALONG TIlE NORTIiERN
PROPERTY LI1\'E EASTWARD 50 FEET FROM lEE INTERSECTING POINT OF THE EASTERN
LINE OF mE DRAINAGE CANAL EASEMENT, PARCEL IS APPROXIMATELY 500 SQUARE
FEET,
LEL Y SQUARE: EA'TENDING FROM THE EASTERN EASEMENT LINE OF TIlE EXISTING SIGN
MONUMENT EASEMENT AMEND THE EASEMENT AGREEMENT TO ADD A 10 FOOT WIDE BY
178 (+/~) FOOT LONG E..XISTING LANDSCAPE BUFFER AREA RliNNJNG ADJACENf TO THE
SOUTH PROPERTY LINE OF TRACT K (LEI., Y SQUARE) EXCLUDING'TI1e WIDTIl OF TIlE
LEL Y SQUARE PROPERTY' ACCESS POINT AND ANY STORM DRAINAGE OR UTILITY
STRUCTlJRES. PARCEL IS APPROXlMATELY 1,780 SQUARE FEET.
Members Present:
Purpose of Meeting:
Project #1:
Estimated
Cost:
Time Table:
Project #2:
LELY MSTU
December 8, 2003
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Robert Slebodnik, Chairman
Bob Petersen, County Project Manager
Mike McGee, Landscape Architect
To establish a timetable for the renovation of the medians on
St. Andrews Blvd. from Forest Hills to US 41 and for
beautification of the front entry from Pebble Beach Blvd. to
US 41.
Installing new irrigation and replanting medians on St. Andrews
Blvd. from Forest Hills to Pebble Beach Blvd., except for median
#5.
$35,000
Jan. 13, 2004* Architectural plans and data are finalized,
Feb. 02, 2004 Bids are mailed out.
Feb. 23, 2004 Bids are returned.
Bids awarded prior to March 1,2004
Installation begins on or before March 8,2004.
*Long medians would have existing plant beds elongated for the
planting of more thryallis, plumbago, etc. This would reduce the
amount ofbouganvillia and provide more variety.
Front entrance renovation on St. Andrews Blvd. from Pebble
Beach Blvd. to US 41. This project would include the following:
A. New irrigation and some plant renovation for medians 1,2 & 3.
B. Enhancement of side buffer areas would include:
1. New bridge and sidewalks and one or two benches,
2, New decorative lamp posts.
3. New irrigation, plant material and mulch.
4. New powerhouse by front monuments.
5. New pump stations near water treatment plant.
Cost: To Be Determined.
1611"
Timetable:
Bridgework, sidewalks, lamp posts, and power station ---
Construction will begin the week of Jan. 5,2004. Completion
target is Feb. 20, 2004.
Irrigation and Replanting ---
Feb, 15, 2004 - Bids go out.
Mar. 1,2004 - Bids are returned.
Mar. 8, 2004 - Bid is awarded.
Mar. 22, 2004 - Irrigation work begins. Completed by
Apr. 3, 2004,
Apr. 19,2004 - Replanting begins. Completed by
Apr. 30, 2004.
Things To Do:
Mike McGee: 1. Determine new cost structure for plant material on a square foot
basis for Lely Presb. Church, Buena Vida, Lely Square, and Lely
Plaza. Get data to Robert Slebodnik asap.
2. Finalize plan for removal and installation of light poles.
Robert Slebodnik: Set up meeting within first two weeks of January to share new
cost data with private property owners and give them maintenance
easement forms,
Bob Petersen and Mike McGee:
1. Draft letter requesting Lely MSTU Board give field approval
prior to bridge construction.
2. Develop simple maintenance easement form.
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Radio Road Beautification M. . T. .
Advisory Committee Fiala
2705 Horseshoe Drive Sout~alas
Naples FL 34104 Henning
Coyle
January 20, 2004 Coletta
16'llf
RECEIVED
JAN 0 8 2004
Board of County Commlssioners
AGENDA
L CALL MEETING TO ORDER:
n. A ITENDANCE:
m. APPROVAL OF MINUTES: December 16, 2003
IV. APPROVAL OF AGENDA:
V. TRANSPORTA nON SERVICES REPORT:
A. Budget Report - Joanne Hartman
VL LANDSCAPE MAINTENANCE REPORT:
A. Monthly Report - Robert KindelanlCLM
VB. COMMITTEE MEMBERS REPORT:
vm. OLD BUSINESS:
A. Sewer Force Water Main (Tower) - Bob Casey
IX. NEW BUSINESS:
x. PUBLIC COMMENTS:
XL ADJOURNMENT:
The next meeting will be held at 4:30 PM, Tuesday, February 17, 2004 +
Collier County Dept. of Transportation Road Mai~~rDs:
2705 Honeshoe Drive Soutb
Naples, FL 34104 \ Dana~
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1
Radio Road Beautification M.S.T.U.
Advisory Committee
2705 Horseshoe Drive South
Naples FL 34104
December 16, 2003
I. Susan Saum called tbe meeting to order at 4:00 P.M.
II. ATTENDANCE:
Members: Susan Sawn. Dale Lewis. Bill Jaeger & Helen Carella
County: Bob Petersen-Landscape Operations, Joanne Hartman-MSTU
Operations Coordinator,
Others: Robert Kindelan-CLM, Fred Rogers & Betty Schudel - Berkshire
III. APPROVAL OF MINUTES: November 18. 2003
IV. Dale Lewis moved to approve the minutes of November 18, 2003, Second
by Helen Carella. Carried unanimously 4-0.
V. APPROVAL OF AGENDA: None
VI. TRANSPORTATION SERVICES REPORT:
A, Budget Report - Bob Petersen covered the Budget. (Attached)
. Revenues weren't entered yet.
. General Fund is now paying for the maintenance on Radio Road.
. Budgeted for Devonshire and incidentals.
. The mulch figure will change,
. Irrigation has been turned over to Commercial Land Maintenance.
. Palm removed due to disease.
. Still recovering monies from accidents.
VII. LANDSCAPE MAINTENANCE REPORT:
A. Monthly Report - Robert/CLM
. Unreported incidents - ruts in the grass
. Irrigation had a few minor leaks
. Plant material on tip by Glen Eagle will be replaced
. Discussed mulching Devonshire
Dale Lewis moved to mulch Devonshire. Second by Bill Jaeger,
Carried unanimously 4-0.
. Will fertilize plants and do the turf and weed control
. Will do weed control before mulching
. Will clean Berkshire sign due to rust staining
VIII. COMMITTEE MEMBERS REPORT: None
IX. OLD BUSINESS:
A. Water Tower Landscaping Estimates - Susan reported Crystal
contacted Bob Casey. They informed her that they had money for painting
the Water tower. but no monies for Landscaping,
1
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1611
Dale Lewis moved to contact Bob Casey and ask them to submit a -
sample of colors to the Committee and paint the Water Tower. The
suggestion was a dark hunter green, Second Helen Carella. Carried
unanimously 4-0.
Susan will ask Bob Casey to attend the January meeting.
Robert reported coco plums have been planted along the fencing; some have
died due to lack of direct irrigation. (Pictures were shown of the area and
plantings)
Discussion followed on possible trees and shrubs that could be planted in that
particular area. Bob suggested waiting until they see how much camouflage
they get from the painting of the water tower and then see if the Landscape
Master Plan would do plants within the Counties plan, If not, the MSTU can
address it at a future date.
It was also suggested trees etc. could be painted on the water tower.
What is being referred to as the "Water Tower" is actually the "Sewer Force
Main Tank".
B. Update on Devonshire - Bob Petersen
. Has been turned over to Commercial Land Maintenance
. Irrigation is covered by MSTU and mowing by Homeowners Assn,
. Transportation issues were discussed. Bob will get more information
and a time table on the transportation issues, and report to the
Committee at the January meeting.
X. NEW BUSINESS:
A. New member - two applications have been submitted to the Committee
for two available positions to the Board. (Attached)
Bill Jaeger moved to recommend approval to the Board of County
Commissioners for Dale Lewis and Betty Schudel to be appointed to the
Radio Road MSTU Advisory Board, Second by Helen Carella. Carried
unanimously 4-0.
XI. PUBLIC COMMENTS: None
XII. Bill Jaeger moved to adjourn. Second by Helen Carella. Meeting was
adjourned at 5:26 PM.
The next meeting will he held at 4:30 PM, Tuesday, January 20th, 2004
Collier County Dept. of Transportation Road Maintenance
2705 Horseshoe Drive South
Naples, FL 34104
2
1611
.
Radio Road Beautification M.S.T.U.
Advisory Committee
2705 Horseshoe Drive South
Naples FL 34104
~UMMARY OF MINUTE& & MOTIONS
December 16.2003
ID. Approval of Minutes:
Dale Lewis moved to approve the minutes of November 18, 2003.
Second by Helen Carella. Carried unanimously 4.0.
VB. Landscape Maintenance Report:
Dale Lewis moved to mulch Devonshire. Second by Bill Jaeger.
Carried Unanimously 4.0.
vm. Old Business:
A, Water Tower Landscaping Estimates:
Bob Casey was contacted concerning the tower and informed Crystal
Kinzel that they have money to paint the tower, but not landscaping.
Dale Lewis moved to contad Bob Casey and ask them to submit a
sample of colors to the Committee ad pain the Water Tower, The
suggestion was a dark hunter green. Second Belen Carella. Carried
unanimously 4.0,
Susan will ask Bob Casey to attend their January meeting,
IX, New Business:
A. New Member - two applications have been submitted to the Committee
for two available positions to the Board,
Bill Jaeger moved to recommend approval to the Board of County
Commissioners for Dale Lewis and Betty Schudel to serve on the
Radio Road MSTU Advisory Board. Second by Belen Carella.
Carried unanimously 4.0.
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as of 12/16/2003
1 6 , 1',,~
COST OBJECT EST REV REV REC'D
CENTER CODE REVENUE TITLE 2003/2004 2003/2004
162545 311100 CURRENT AD VALOREM TAXES 443,300.00 0.00
989080 361170 INTEREST - SBA 200.00 0.00
989080 361180 INVESTMENT INTEREST 12,000.00 0.00
162545 311200 DELINQUENT AD VALOREM TAXES 0.00 0.00
162545 361320 INTEREST - TAX COLLECTOR 0.00 0.00
919010 489200 CARRYFORWARD-GENERAL 363,300.00 0.00
919010 489900 NEGATIVE 5% OF ESTIMATED REVENUE 22,800.00 0.00
REVENUE SUMMARY 841,600.00 0.00
MEMORANDUM
'1 l
.A';.c\";,
.,.... -'.
, 1. ·
DATE: December 15,2003
TO: Bob Petersen, Landscape Engineer II
Transportation Department
FROM: Sue Filson, Executive Manage~ '
Board of County Commissio:~ \
RE: Radio Road Beautification Advisory Committee
As you know, we currently have vacancies on the above-referenced advisory committee. A press
release was issued requesting citizens interested in serving on this committee to submit a resume for
consideration. I have attached the resumes received for your review as follows:
Betty R. Schudel
6644 Vancouver Lane
Naples, FL 34104
Dale L. Lewis
168 Oceans Boulevard
Naples, FL 34104
Please let me know, in writing, the recommendation for appointment ofthe advisory committee
within the 41 day time-frame, and I will prepare an executive summary for the Board's consideration.
Please categorize the applicants in areas of expertise, If you have any questions, please call me at
774-8097.
Thank you for your attention to this matter.
SF
Attachments
Nov 2S 03 08:06a
Collier Count~
23S-774-886S
p. 1
.. ,.'
.'
Board of County Commissioners
330] East T.lmiami Trail
Naples, FL 3411 2
(941) 774-8097
Fax: (94]) 774-3602
1611
<'~'. ...
Fax No. -...
Business::d< Ell ~F"l>
Application for Advisory Committees/Boards
"am." 61';.17 y ':R. S~4'Da Home Pbon.,~. _ 35;! _ 1;(.1 Z.
Home Ad......., "~,/I{ \I AtJC.o'J<! ER. LrJ Zip Code' 3'4lo'f- 7 g 'f'f
e-mail address:~2..12@ ~S(') . Co
Business Phone: -
Board or Committee Applied for: Q'\t>'o ~c:::.4~ ~~U "'\\ 0'~noh/
Category (ifapplicable);~""1>E.R SaJ
Example: Commi$sioll District. Denfoper. ~1I..lrn.mutalist, lay penon, etc:.
/' No
&\1)'\1, ~
Are you a registered voter in Collier COUDl)": Yes
Do you currently hold public olTJCe? Yes
I( so. what is that office?
No ,r-
Do you ROW serve, or have you ever served. on II Collier County board or committee? Yes
If yes, please list the committees/boards:
=
No
v-
Education: 'BFA - l:'11c'UIt'.4.u ~~~ O~I\)~~tTy
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, 12/03/2003. 09:38
2395972673
PROHOME SWFL
PAGE 01
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Board of County Commissioners
3301 East Tamiami Tran
Naples, FL 34112
(941) 774-8097
Fax: (941) 774-3602
1
Application for Advisory Committees/Boards
Name: ]:)19'-~ L. Lsk1/::' Home Phone: t;?.34) 67".3 - 'I !5b9
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Horne Address: J 68 0<:!.E:.,fJ1\J.S ~1It> Zip Code: ...3'1/ {) if
Fa~ No. N/A Busine51 Phone: 5'91- tJ, · f
Buslness:1 JMr~
Board orCommi1tee Applied tor: ~~ tfl~ ~ ~~
e-mail address: ad~~~ 1t.,(O) ,,,A.b. o.o~
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Category (if applicable):
Example: Commission Disa1ct, Developer, en"';n;JDmeatallat, lay person, etc.
Are you a registered voter in Collier County: Yes
/
No
Do you cuuently hold public office? Yes
If so, what is that officer
No
v
Do you now serve, or bave you ever served, 0
If yes, please list the committealboards:
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JI_rri -fCOiI"'Y C.llflll.iul.tl_~, JJOl Etni TIIMI4IIfI17tl1.l., /lliIpIa, FL 34112, lf~1I. ~~II,pleaef_~lI.r."plkIltioll ,,,(941)174-361)) (lr
'....40 tq !$uer"son<iiJcollu~"".lfet. TlI(lM.k Yf1l1.f", l'ob"lfherlsg UI IUl'e tJc(l ciJkellS ofCtIIJk, C."MIy.
PERMIT FOR FORTUNE TELLERS
PERMIT NO. 04-~
16J2
STATE OF FLORIDA )
COUNTY OF COLLIER )
WHEREAS, HEBERTO HURTADO has made application to the Board
of County Commissioners, as required by Ordinance 81-42, for a
permit to apply for an occupational license to practice fortune
telling in Collier County, Florida; and
WHEREAS, HEBERTO HURTADO has complied with all requirements
of Ordinance No, 81-42, as amended, and the Clerk has made
investigation and examination of the application as required;
NOW, THEREFORE, this permit to apply is hereby granted to
HEBERTO HURTADO in accordance with Section 27 of Ordinance 81-42.
WITNESS my hand as Chairman of the Board of County
Commissioners and the Seal of Collier County, attested by the Clerk
in and for said County, this \0
day of
F~
, 2004.
"\' ',..1
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, . " (:1:--
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
4ln~ ~~~
DONNA ALA, CHAIRMAN
S -oJ ..'-......
ATTE T: . ~ .,' -'. " . (, ,
DWIGH.T) :E.. '. I~'R~K,_ ~ CtE~K
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Approved as to form & legal sufficiency:
,By: ~-f...)?fJl. ~
~~Attorney
Dwight E. Brock
Clerk of Courts
CQtipty~fCollier
CLERK OF THE CIRCUIT COURT
COLLIER COUNTY COURTllOUSE
I ,''''
3301 TAMIAMI TMIL EA'ST
P.O. BOX 41\~044 ..,
NAPLES, FLORlDA<34101-3(J44
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16K 4
Clerk of Courts
Accountant
Auditor
Custodian of County Funds
February 12, 2004
Donald A. Pickworth, P. A.
5150 North Tamiami Trail, Suite 602
Naples, FL 34103
Re: RESOLUTION 2004-46: A RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA APPROVING THEISSUANCE
AND SALE OF EDUCATIONAL FACILITIES REVENUE BONDS BY THE COLLIER
COUNTY EDUCATIONAL FACILITIES AUTHORITY
Dear Sir:
Enclosed please find a copy of the above referenced resolution, (Agenda Item 16K4),
adpoted by the Board of County Commissioners on Tuesday, February 10, 2004.
If you have any questions, please contact me at 774-8411
Sincerely,
DWIGHT E. BROCK, CLERK
~ Q. ~~IJJf-
Linda A. Houtzer, Deputy Clerk
Enclosures
Phone - (239) 732-2646
Website: www.c1erk.collier.fl.us
Fax - (239) 775-2755
Email: collierclerk@clerk.collier.fl.us
Dwight E. Brock
Clerk of Courts
Co.Upty~f'C~l,lier
CLERK OF THE CIRCUIT COURT
COLLIER COUNTY qoURTllPUSE
3301 TAMIAMI TRAIL EAST
P.O. BOX 4t~a044 "
NAPLES, FLORIDA~~~IOI-3044
,,'
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1",' 6' J
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Clerk of Courts
Accountant
Auditor
Custodian of County Funds
February 19,2004
Donald A. Pickworth, P. A.
5150 North Tamiami Trail, Suite 602
Naples, FL 34103
Re: RESOLUTION 2004-46: A RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA APPROVING THE ISSUANCE
AND SALE OF EDUCATIONAL FACILITIES REVENUE BONDS BY THE COLLIER
COUNTY EDUCATIONAL FACILITIES AUTHORITY
Dear Sir:
Enclosed please find a certified copy of the above referenced resolution, (Agenda Item
16K4), adpoted by the Board of County Commissioners on Tuesday, February 10, 2004.
If you have any questions, please contact me at 774-8411
Sincerely,
DWIGHT E. BROCK, CLERK
~Q. 'llnif1jN, 6,~
Linda A. Hontzer, Deputy Clerk
Enclosures
Phone - (239) 732-2646
Website: www.cIerk.collier.fl.us
Fax - (239) 775-2755
Email: collierclerk@c1erk.coIlier.fl.us
16K 4
RESOLUTION NO. 04-~
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA APPROVING THE ISSUANCE AND SALE
OF EDUCATIONAL FACILITIES REVENUE BONDS BY THE COLLIER
COUNTY EDUCATIONAL FACILITIES AUTHORITY AS REQUIRED BY
SECTION 147 (f) OF THE INTERNAL REVENUE CODE, AS AMENDED;
AND PROVIDING FOR OTHER RELATED MATTERS.
WHEREAS, International College, Inc., a Florida corporation not for profit (the "Borrower")
has applied to the Collier County Educational Facilities Authority (the "Authority") to issue a series of
its private activity revenue bonds in the initial aggregate principal amount of not to exceed
$20,000,000 (hereinafter referred to as the "Bonds" whether issued as multiple bonds or one bond) to
be used to (i) payor reimburse the Borrower for the costs of the acquisition, construction, and
equipping of certain educational facilities to be located in the City of Fort Myers, Lee County, Florida
(the "City") and described below (the "Project"); (ii) currently refund all or a portion of the Authority's
$4,800,000 Educational Facilities Authority Revenue Bonds (International College, Inc. Project),
Series 1999 and the Authority's $594,000 Revenue Bond (International College, Inc. Project), Series
2001 (collectively, the "Prior Bonds"); and (iii) pay certain expenses incurred in connection with the
issuance ofthe Bonds and the refunding of the Prior Bonds, including the cost of any credit
enhancement or liquidity enhancement, if deemed necessary or desirable by the Borrower; and
WHEREAS, on January 26, 2004 a public hearing was held by the Authority with regard to the
issuance of the Authority's Educational Facilities Revenue Bonds, Series 2004 (International College,
Inc. Project) in an aggregate principal amount not to exceed $20,000,000 (the "Bonds"); and
WHEREAS, on January 26,2004, the Authority adopted its Resolution 2004-01 (the
"Authority Resolution"), a copy of which is attached hereto as Exhibit A and made a part hereof, said
Resolution showing on its face that it was adopted after a public hearing upon notice given as set forth
therein and as set forth in Exhibit B to the Authority Resolution; and
WHEREAS, the proceeds of the Bonds will be used by the Authority to make a loan to
International College, Inc. (the "College") for the purposes set forth above; and
WHEREAS, the Bonds will not be an obligation of the County, and will be payable from funds
of the College; and
WHEREAS, pursuant to the requirements of the Internal Revenue code of 1986, as amended
(the "Code"), as a prerequisite to the issuance of the Bonds it is necessary that the Board of County
Commissioners of Collier County approve the issuance thereof after said public hearing; and
WHEREAS, the Board of County Commissioners desires to evidence its approval of the
issuance of the Bonds solely to satisfy the requirements of the Code.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY THAT:
1 (\ II ?
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Section 1. The Board of County Commissioners hereby approves the issuance of the Bonds
solely for purposes of Section 147(t) of the Code.
Section 2. The Bonds shall not constitute a debt, liability or obligation of Collier County, its
Board of County Commissioners, its officers, agents or employees, or the State of Florida or any
political subdivision thereof, but shall be payable solely from the revenues provided therefore, and
neither the faith and credit nor any taxing power of Collier County, or the State of Florida or any
political subdivision thereof is pledged to the payment of the principal of, premium, if any, and
interest on the Bonds. No member of the Board of County Commissioners of Collier County or any
officer, agent, or employee thereof shall be liable personally on the Bonds by reason of their issuance.
Section 3. This approval shall in no way be deemed to abrogate any regulations of Collier
County, and any portion of the Project contemplated by this Resolution located within Collier County
shall be subject to all such regulations, including, but not limited to, the Collier County Growth
Management Plan, all concurrency requirements contained therein, the Collier County Land
Development Code, and all applicable impact fee regulations.
Section 4. If any section, paragraph, clause or provision of this Resolution shall be held to be
invalid or ineffective for any reason, the remainder of this Resolution shall continue in full force and
effect, it being expressly hereby found and declared that the remainder of this Resolution would have
been adopted despite the invalidity or ineffectiveness of such section, paragraph, clause or provision.
Section 5. This Resolution shall take effect immediately upon its adoption.
PASSED and Adopted this 10th day of February, 2004.
ATTEST:
Dwight E, Brock, Clerk
COLLIER COUNTY, FLORIDA BY
ITS BOARD OF COUNTY
COMMISSIONERS
Dorrn!f.~an.L ~
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Approved as to form and I gal sufficiency:
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Execution Copy
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RESOLUTION NO, 2004-01
AN INDUCEMENT RESOLUTION OF THE COLLIER
COUNTY EDUCATIONAL FACILITIES AUTHORITY
REGARDING THE OFFICIAL ACTION OF THE
AUTHORITY WITH RESPECT TO THE PROPOSED
ISSUANCE BY THE AUTHORITY OF ITS EDUCATIONAL
FACILITIES REVENUE BONDS (INTERNATIONAL
COLLEGE, INC. PROJECT) SERIES 2004 IN AN INITIAL
AGGREGATE PRINCIPAL AMOUNT NOT TO EXCEED
$20,000,000 TO BE USED TO (i) PAY OR REIMBURSE
INTERNA TIONAL COLLEGE, INC, A FLORIDA
CORPORATION NOT FOR PROFIT (THE "BORROWER") FOR
THE COSTS OF THE ACQUISITION, CONSTRUCTION, AND
EQUIPPING OF CERTAIN EDUCATIONAL FACILITIES TO BE
LOCATED IN THE CITY OF FORT MYERS, LEE COUNTY,
FLORIDA (THE "PROJECT"); (ii) CURRENTLY REFUND ALL
OR A PORTION OF THE AUTHORITY'S $4,800,000
EDUCATIONAL FACILITIES AUTHORITY REVENUE BONDS
(INTERNATIONAL COLLEGE, INC. PROJECT), SERIES 1999
AND THE AUTHORITY'S $594,000 REVENUE BOND
(INTERNATIONAL COLLEGE, INC. PROJECT), SERIES 2001
(COLLECTIVELY, THE "PRIOR BONDS"); AND (iii) PAY
CERTAIN EXPENSES INCURRED IN CONNECTION WITH THE
ISSUANCE OF THE BONDS AND THE REFUNDING OF THE
PRIOR BONDS, INCLUDING THE COST OF ANY CREDIT
ENHANCEMENT OR LIQUIDITY ENHANCEMENT, IF
DEEMED NECESSARY OR DESIRABLE BY THE BORROWER;
AUTHORIZING THE EXECUTION AND DELIVERY OF A
PRELIMINARY FINANCING AGREEMENT BETWEEN
THE AUTHORITY AND THE BORROWER; AUTHORIZING
THE EXECUTION AND DELIVERY OF AN INTERLOCAL
AGREEMENT BETWEEN THE AUTHORITY AND THE
CITY OF FORT MYERS, FLORIDA; AND PROVIDING FOR
RELATED MATTERS.
WHEREAS, International College, Inc., a Florida corporation not for profit (the
"Borrower") has applied to the Collier County Educational Facilities Authority (the
"Authority") to issue a series of its private activity revenue bonds in the initial aggregate
principal amount of not to exceed $20,000,000 (hereinafter referred to as the "Bonds"
Exhibit A to BCC Resolution
16 -,
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whether issued as multiple bonds or one bond) to be used to (i) payor reimburse the Borrower
for the costs of the acquisition, construction, and equipping of certain educational facilities to be
located in the City of Fort Myers, Lee County, Florida (the "City") and described below (the
"Project"); (ii) currently refund all or a portion of the Authority's $4,800,000 Educational
Facilities Authority Revenue Bonds (International College, Inc. Project), Series 1999 and the
Authority's $594,000 Revenue Bond (International College, Inc. Project), Series 2001
(collectively, the "Prior Bonds"); and (iii) pay certain expenses incurred in connection with the
issuance of the Bonds and the refunding of the Prior Bonds, including the cost of any credit
enhancement or liquidity enhancement, if deemed necessary or desirable by the Borrower; and
WHEREAS, the Borrower has requested that the Authority loan the proceeds of the
Bonds to the Borrower pursuant to Chapter 243, Part I Florida Statutes, or such other
provision or provisions of Florida law as the Authority may determine advisable (the "Act")
in order to accomplish the foregoing purposes; and
WHEREAS, the issuance ofthe Bonds and the loaning of the proceeds thereof to the
Borrower to finance the costs of the Project under loan agreements or other financing
agreements, and pursuant to the terms thereof which will provide that payments thereunder
be at least sufficient to pay the principal of and interest and redemption premium, if any, on
such Bonds and such other costs in connection therewith as may be incurred by the Authority,
will assist the Borrower and promote the public purposes provided in the Act; and
WHEREAS, the Borrower has submitted the Preliminary Financing Agreement (the
"Preliminary Agreement") relating to the issuance of the Bonds, attached hereto as Exhibit A;
and
WHEREAS, in order to satisfy certain of the requirements of Section 147(t) of the
Internal Revenue Code of 1986, as amended (the "Code"), the Authority did on the date
hereof hold a public hearing on the proposed issuance of the Bonds for the purposes herein
stated, which date is more than 14 days following the first publication of notice of such
public hearing in a newspaper of general circulation in Collier County and which public
hearing was conducted in a manner that provided a reasonable opportunity for persons with
differing views to be heard, both orally and in writing, on the issuance of the Bonds and the
location and nature of the Project as more particularly described in the notice of public
hearing attached hereto as Exhibit B; and
WHEREAS, the Authority and the City are both "public agencies" as defined in
Section 163.01, Florida Statutes, as amended, which is titled the "Florida Interlocal
Cooperation Act of 1969" (the "Interlocal Act") and as such "public agencies" are authorized
2
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under the Interlocal Act to enter into interlocal agreements for the purposes described in the
Preliminary Agreement, the Interlocal Agreement, and herein; and
WHEREAS, the Project is located outside the boundaries of Collier County, Florida,
but with the boundaries of the City; and
WHEREAS, the Authority has been requested to enter into an interlocal agreement
with the City to provide for the issuance of the Bonds; and
WHEREAS, it is intended that this Resolution shall constitute official action toward
the issuance of the Bonds within the meaning of the applicable United States Treasury
Regulations in addition to any other action that may have heretofore been taken by the
Borrower;
NOW, THEREFORE, BE IT RESOLVED BY THE COLLIER COUNTY
EDUCATIONAL FACILITIES AUTHORITY, THAT:
SECTION 1. AUTHORITY FOR THIS RESOLUTION. This Resolution
is adopted pursuant to the provisions of the Act and other applicable provisions of law,
SECTION 2, PRELIMINARY STATEMENT, This Resolution is entered
into to permit the Borrower to proceed with the financing of the costs of the Project and the
refunding of the Prior Bonds and to provide an expression of intention by the Authority, prior
to the issuance of the Bonds, to issue and sell the Bonds and make the proceeds thereof
available for such purposes, all in accordance with and subject to the provisions of the Act,
the Constitution and other laws of the State of Florida and the laws of the United States of
America, including the Code, and this Resolution, but subject in all respects to the terms of
the Preliminary Agreement.
SECTION 3. APPROVAL OF THE FINANCING, The financing of the
costs of the Project and the refunding of the Prior Bonds by the Authority through the
issuance of the Bonds, pursuant to the Act, will improve educational opportunities for the
citizens and residents of Collier County and the City, and will promote the economic
development, prosperity, health and welfare of the citizens of Collier County and the City,
will promote the general economic structure of Collier County and the City, and will thereby
serve the public purposes of the Act and is hereby preliminarily approved, subject, however,
in all respects to the Borrower meeting the conditions set forth in the Preliminary Agreement
to the sole satisfaction of the Authority.
3
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SECTION 4, EXECUTION AND DELIVERY OF PRELIMINARY
AGREEMENT. The Chairman or the Vice-Chairman is hereby authorized and directed to
execute, for and on behalf of the Authority, the Preliminary Agreement, in the form attached
hereto as Exhibit A, between the Authority and the Borrower providing understandings
relative to the proposed issuance of the Bonds by the Authority in an aggregate principal
amount not to exceed the lesser of (a) $20,000,000 or (b) the amount determined by the
Authority and the Borrower to be necessary to accomplish the foregoing purposes.
SECTION 5, AUTHORIZA TION OF THE BONDS, There is hereby
authorized to be issued and the Authority hereby determines to issue the Bonds, if so
requested by the Borrower and subject in all respects to the conditions set forth in the
Preliminary Agreement, in an aggregate principal amount not to exceed $20,000,000 for the
purposes set forth, The rate of interest payable on the Bonds shall not exceed the maximum
rate permitted by law.
SECTION 6, AUTHORIZATION OF INTERLOCAL AGREEMENT.
The Chairman or the Vice-Chairman is hereby authorized and directed to execute and deliver
an lnterlocal Agreement between the Authority and the City in substantially the form as set
forth in Exhibit C hereof.
SECTION 7. GENERAL AUTHORIZATION, The Chairman and the
Vice-Chairman are hereby further authorized to proceed, upon execution of the Preliminary
Agreement, with the undertakings provided for therein on the part of the Authority and are
further authorized to take such steps and actions as may be required or necessary in order to
cause the Authority to issue the Bonds subject in all respects to the terms and conditions set
forth in the Preliminary Agreement authorized hereby.
SECTION 8, OFFICIAL ACTION, This resolution is an official action of
the Authority toward the issuance of the Bonds, as contemplated in the Preliminary
Agreement, in accordance with the provisions of the laws of the State of Florida and the
applicable United States Treasury Regulations.
SECTION 9. LIMITED OBLIGATIONS. The Bonds and the interest
thereon shall not constitute an indebtedness or pledge of the general credit or taxing power
of Collier County, the State of Florida or any political subdivision or agency thereof but shall
be payable solely from the revenues pledged therefor pursuant to a loan agreement or other
financing agreement entered into between the Authority and the Borrower prior to or
contemporaneously with the issuance of the Bonds. The Authority has no taxing power.
4
16K
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"
SECTION 10, LIMITED APPROVAL, The approval given herein shall not
be construed as an approval or endorsement of approval of any necessary rezoning or other
land use or development applications nor for any other regulatory permits relating to the
Project and the Authority shall not be construed by reason of its adoption of this resolution
to have waived any right of Collier County or the City or to have estopped either of them
from asserting any rights or responsibilities they may have in that regard.
SECTION 11,
immediately.
EFFECTIVE DA TE, This Resolution shall take effect
ADOPTED this 26th day of January, 2004.
5
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COLLIER COUNTY EDUCATIONAL
FA&A~THORI/
Chairman I
16K 4
EXHIBIT A TO RESOLUTION 2004-01
16K 4
PRELIMINARY FINANCING AGREEMENT FOR ISSUANCE OF
PRIVATE ACTIVITY REVENUE BONDS
This Agreement between the Collier County Educational Facilities Authority, a public
body corporate and politic (the "Authority") and International College, Inc., a Florida not- for-
profit corporation (the "Borrower").
WIT N E SSE T H:
1. Preliminary Statement. Among the matters of mutual understanding and
inducement which have resulted in the execution of this Agreement are the following:
(a) The Act provides that the Authority may issue revenue bonds and loan the
proceeds thereof to one or more persons, firms or private corporations, or use such proceeds,
to defray the cost of acquiring, by purchase or construction, certain qualifying educational
facilities.
(b) The Borrower is considering financing the costs of the acquisition,
construction and equipping of educational facilities to be owned and operated by the
Borrower,
(c) The Borrower has applied to the Authority to issue a series of its private
activity revenue bonds in the initial aggregate principal amount of not to exceed $20,000,000
(the "Bonds") to be used to (i) payor reimburse the Borrower for the costs of the acquisition,
construction, and equipping of certain educational facilities to be located in the City of Fort
Myers, Lee County, Florida (the "Project"); (ii) currently refund all or a portion of the
Authority's $4,800,000 Educational Facilities Authority Revenue Bonds (International College,
Inc. Project), Series 1999 and the Authority's $594,000 Revenue Bond (International College, Inc.
Project), Series 2001 (collectively, the "Prior Bonds"); and (iii) pay certain expenses incurred in
connection with the issuance of the Bonds and the refunding of the Prior Bonds, including the cost
of any credit enhancement or liquidity enhancement, if deemed necessary or desirable by the
Borrower.
(d) The Authority considers the issuance and sale of the Bonds, for the purposes
hereinabove set forth, consistent with the objectives ofthe Act. This Agreement constitutes
official action of the Authority toward the issuance of the Bonds in accordance with the
purposes of the Act and the applicable United States Treasury Regulations,
A-I
1
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2. Undertakings on the Part of the Authority. Subject to the terms hereof, the Authority
agrees as follows:
(a) The Authority will, subject to the terms hereof, authorize the issuance of the
Bonds, in one or more series, in the aggregate principal amount necessary and sufficient to
finance the cost of acquiring, constructing and equipping the Project and refunding the Prior
Bonds as the Authority and the Borrower shall agree in writing (including costs of issuance
of such Bonds), but in all events, the principal amount of such Bonds shall not exceed the
lesser of (i) the amount determined by the Authority and the Borrower to be necessary to
accomplish the foregoing, or (ii) $20,000,000.
(b) The Authority will cooperate with the Borrower and with the underwriters,
placement agents or purchasers of the Bonds and the Bond Counsel of the Authority with
respect to the issuance and sale of the Bonds and will take such further action and authorize
the execution of such documents as shall be mutually satisfactory to the Authority and the
Borrower for the authorization, issuance and sale of such Bonds and the use of the proceeds
thereof for the purposes set forth.
(c) Such actions and documents may permit the issuance from time to time in the
future of additional bonds on terms which shall be set forth therein, whether pari passu with
other series of bonds or otherwise, for the purpose of (I) defraying the cost of completion,
enlargements, improvements and expansions of the Project, or any segment thereof, or (2)
refunding all or a portion of the Bonds.
(d) The loan agreements, trust indentures, and other financing documents
(collectively, the "Financing Agreements") between the Authority and the Borrower shall,
under terms agreed upon by the parties, provide for payments to be made by the Borrower
in such sums as shall be necessary to pay the amounts required under the Act, including the
principal of and interest and redemption premium, if any, on the Bonds, as and when the
same shall become due and payable.
(e) In authorizing any issuance of the Bonds pursuant to this Agreement, the
Authority will make no warranty, either expressed or implied, that the proceeds of the Bonds
will be sufficient to pay all costs of acquiring, constructing and expanding the Project or that
those facilities encompassed by the Project will be suitable for the purposes or needs of the
Borrower,
(f) The Bonds shall specifically provide that they are payable solely from the
revenues derived from the Financing Agreements between the Authority and the Borrower
A-2
16K4
or other agreements approved by the Authority, The Bonds and the interest thereon shall not
constitute an indebtedness or pledge of the general credit of Collier County, the City, the
State of Florida or any political subdivision or agency thereof, and such fact shall be plainly
stated on the face of each of the Bonds.
(g) Issuance of the Bonds by the Authority shall be contingent upon satisfaction
of all of the provisions hereof and all provisions of the Internal Revenue Code of 1986, as
amended (the "Code"), and the regulations promulgated thereunder, and the approval by the
Board of County Commissioners of Collier County, Florida and the City Council of the City
in accordance with the provisions of Section 147(t) of the Code,
3. Undertakings on the Part of the Borrower. Subject to the terms hereof, the
Borrower agrees as follows:
(a) The Borrower will use reasonable efforts to insure that the Bonds in the
aggregate principal amount as stated above are sold; provided, however, that the terms of
such Bonds and of the sale and delivery thereof shall be mutually satisfactory to the
Authority and the Borrower.
(b) Prior to the issuance of the Bonds in the principal amount stated above in one
or more series from time to time as the Authority and the Borrower shall agree in writing, the
Borrower will enter into the Financing Agreements with the Authority, the terms of which
shall be mutually agreeable to the Authority and the Borrower, providing for the loan or use
of the proceeds of the Bonds in accordance with the purposes set forth herein. Such
Financing Agreements will provide that the Borrower will be obligated to pay the Authority
(subject to any assignment pursuant to the Financing Agreements, as the case may be) sums
sufficient in the aggregate to enable the Authority to pay the principal of and interest and
redemption premium, if any, on the Bonds, as and when the same shall become due and
payable, and all other expenses related to the issuance and delivery of the Bonds.
( c) The Borrower shall, in addition to paying the amounts set forth in the
Financing Agreements, pay all applicable costs of operation, maintenance, taxes,
governmental and other charges which may be assessed or levied against or with respect to
the Project.
(d) To the extent not otherwise paid from Bond proceeds, the Borrower hereby
agrees to pay (i) the Authority Bond Issuance Fee, (H) all of the out-of-pocket expenses of
officials and representatives ofthe Authority incurred in connection with the issuance of the
Bonds and (Hi) all fees and expenses of Donald A. Pickworth, P .A., Counsel to the Authority,
and of Nabors, Giblin & Nickerson, P.A., Bond Counsel.
A-3
16K 4
(e) The Borrower will hold the Authority, Collier County, and the City free and
harmless from any loss or damage and from any taxes or other charges levied or assessed by
reason of any mortgaging or other disposition of the Project.
(f) The Borrower agrees to indemnify and defend the Authority, Collier County,
and the City (the "Indemnified Parties") and hold the Indemnified Parties and any officer or
employee thereof harmless against any and all claims, losses, liabilities or damages to
property or any injury or death of any person or persons occurring in connection with the
Project or the issuance of the Bonds and the Borrower's undertaking thereof, or in any way
growing out of or resulting from this Agreement including, without limitation, all costs and
expenses of the Authority and reasonable attorneys' fees incurred in the enforcement of any
agreement of the Borrower contained herein. In the event that the Bonds are not issued and
delivered, this indemnity shall survive the termination of this Agreement.
(g) The Borrower will take such further action as may be required to implement
its aforesaid undertakings and as it may deem appropriate in pursuance thereof.
4. General Provisions. All commitments ofthe Authority under Section 2 hereof
and of the Borrower under Section 3 hereof are subject to the conditions that all of the
following events shall have occurred not later than January 1,2005, or such other date as
shall be mutually satisfactory to the Authority and the Borrower:
(a) The Authority shall be lawfully entitled to issue the Bonds as herein
contemplated.
(b) The Authority and the Borrower shall have agreed on mutually acceptable
terms for the Bonds and the sale and delivery thereof and mutually acceptable terms and
conditions of any trust instruments or instruments in respect thereto and any Financing
Agreements or other agreements incidental to the financing or referred to in Sections 2 and
3 hereof.
( c) Rulings satisfactory to the Borrower and the Authority as to such matters with
respect to the Bonds, the Project, the Financing Agreements and any other trust instrument
or instruments, if specified by the Authority and the Borrower, shall have been obtained from
the Internal Revenue Service and/or the United States Treasury Department and shall be in
full force and effect at the time of issuance of the Bonds.
(d) Such other rulings, approvals, consents, certificates of compliance, opinions
of counsel and other instruments and proceedings satisfactory to the Borrower and the
A-4
16K 4
Authority as to such matters with respect to the Bonds, the Project, the Financing Agreements
and any other trust instrument or instruments, as shall be specified by the Borrower or the
Authority, shall have been obtained from such governmental, as well as non-governmental,
agencies and entities as may have or assert competent jurisdiction over or interest in matters
pertinent thereto and shall be in full force and effect at the time of issuance of the Bonds.
(e) Compliance with all applicable provisions of Chapters 243, 189,215 and 218,
Florida Statutes, and the Authority's guidelines and procedures relating to the issuance of the
Bonds, the interest rates thereon, the type of purchasers of the Bonds and the terms on which
the Bonds may otherwise be issued.
(f) Notwithstanding any other terms hereof, nothing contained herein shall be
construed to create a binding commitment by the Authority to issue the Bonds until such
time, if ever, as the Authority shall grant its final approval for the issuance of the Bonds and
the final terms and provisions of the Financing Agreements. By execution hereof, the
Borrower agrees that the Authority may withhold its final approval of the issuance of the
Bonds in its sole discretion and shall not incur any liability whatsoever as a result of it not
granting any such approval notwithstanding any other provision hereof.
If the events set forth in this Section 4 do not take place within the time set forth or
any extension thereof, the Borrower agrees that it will reimburse the Authority for all the
reasonable and necessary direct or indirect expenses which the Authority may incur at the
Corporation's request arising from the execution of this Agreement and the performance by
the Authority of its obligations hereunder, including reasonable legal fees and expenses for
Counsel to the Authority and Bond Counsel.
5. Binding Effect. All covenants and agreements herein contained by or on behalf
of the Authority and the Borrower shall bind and inure to the benefit of the respective
successors and assigns of the Authority and the Borrower whether so expressed or not.
IN WITNESS WHEREOF, the parties hereto have entered into this Agreement by
their officers thereunder duly authorized as of the 26th day of January, 2004.
{Remainder of page intentionally left blank, signatures on following pagel
A-5
1 !<?
\ f'~'.' ~( it
- - ;~ "\
COLLIER COUNTY EDUCATIONAL
FACILITIES AUTHORITY
INTERNATIONAL COLLEGE, INC,
W~1'
V6
EXHIBIT B TO RESOLUTION 2004-01
16K4
AFFIDAVIT OF PUBLICATION OF
NOTICE OF PUBLIC HEARING
'-_._..-..~.~...~ -__ 'll__
Naples Daily News
Naples, FL 34102
Affidavit of Publication
Naples Daily News
--------------- - ------+---
PICKWORTH, DONALD P,A,
5150 TAM lAM I TRL N #502
NAPLES FL 34103
REFERENCE: 010784
58783514
Notice of Special Me
Stat,e of Florida
County of Collier
Before the undersigned authority, personally
appeared B. Lamb, who on oath says that she serves
as Assistant Corporate Secretary of the Naples
Daily News, a daily newspaper published at Naples,
in Collier County, Florida: that the attached
copy of advertising was published in sald
newspaper on dates listed,
Affiant further says that the said Naples Daily
News is a newspaper published at Naples, in said
Collier County, Florida, and that the said
newspaper has heretofore been continuously
published in said Collier County, Florida, each
day and has been entered as second class mail
matter at the post office in Naples, in said
Collier County, Florida, for a period of 1 year
next preceding the first publication of the
attached copy of advertisement; and affiant
further says that she has nelther paid nor
promised any person, firm or corporation any
discount, rebate, commission or refund for the
purpose of securing this advertisement for
publiction in the said newspaper,
PUBLISHED ON: 01/11
AD SPACE:
FILED ON:
276,000 INCH
01/12/04
..'..----[---..----- --+-- ---- ---
)
Signature of Affiant ,~j
Sworn to and SUbscrib:d befor-e~e th~'~-J J.~ii_, d~y of :::J~",- -
'er""n.ny kn"wn by ma..scY'H 1'( e" ~ (;;
'-".. ~"~". Horrl~Ht Bwshorg
:::'?' " ..("'.<~ M\ COMr./1SS!ON If ;)D2j4689 E1:P.RES
,0.. ~ ,.:,r} )u~ 24, 2001
<:~:,iL;:~/ BC'-iD[O :I-<"'~' ~~')1 F~,'j :'j~;)R~I.((,
K4
~1\~gU=:~~I:::r.~IcAHe y
~:I~~~ls F~":I~I~~I:::~1VIl"the COlJl".:'tig~1'v~) E~~i
conduct e ~... ~Ill'_ hearing on
~:=I~\.veIDllm ard~::m~~
North HOrHShoe , Naples. Florid..
::~::.' ~~~ur ..~c:~~~~bl:~eC~~:
pond Ia.U__ ::? th. Auth...tty.s Edu..'ttonal F.,
cllttle. Revenue Bond.. Soerl.s 2004 (International
coll_, 1I1c. Prol<!ct), In sn lII\ount not oed
$20,000,00(1 (th. ABondsll), The proce the
Bonds will be loaned to tnternatlonal CO Inc.,
l\,rl~:'~ ~t.klrsr~g,mol'rig~~~m."~e,.}drri
~yU~~r9t~~r ~t~':: I~~h~. ~~ ~~:t~~
:;~~~~I~~~I ~g~'I':Il::"b~n?~:t~PII~gthO: g~am
Fort Myer.. Lee COUnty, florlda and described I>e'
l~~ ~~th1~~~~~~) ~~"'~~a~~no.'i ~:crf!:
ties Authori~ fhoyenu& 80ndl (International Col.
~~'.='R':ven~' 8~l5(1~=.:n~t,tlB c~~~C:.ltrn=;'
project), Series 2001 (collectively, the .prlor
~~rJ:w)'m n,a: 1:U~~e 8:r~e:o~~~ ~~c~~:
funding of the Prior Bonds, Including the cost of
~1ei=~~~r::a~Y:~aU~~I~ees':~g;~'j,entl
If the Authority determines to 4PPfOVe the 8onds. It
~J~ligt"l~d~e~a1~S~hu~~~no~~p[~~ni, ~~~c~o,:;~~i
ReSolutiOn!>, a.nd a Prellmlna.ry Agreement be.
~:e~:mID~:h~tlheanl~s~~~eO~f~~- .~~a~~aJ~
the payment ot the costs thereof by the Borrower.
The Issuance of bonas for the Project will require
that the Authority enter Into an Intertocal Agree-
~1~~\rfeu~~~a~J :grt c~~~r 1~~=1n:,t~t:~:
thority will consider. and may authortze the offl.
cers of the Authority to enter Into. an lnterlocal
Agreement
~'I~~~le~ll~scr~ftlor;;,o;y~~~~:t~~o&' : ~~:~c~:~~
to house o1N'ce5. ~5sroom5. and relate~ admlnls.
tratlve and Instructtonalspace.
2.Pro}ect Location: The $fte is on the north sIde of
COlonial Boulevard. (SR 884) at Its Intersection with
Winkler Avenue (west side of Winkler Avenue), In
the City 01 Fort Myers. Lee County. Florid.. The site
contains 13.049 acres, more or less, and 15 located
~~~~~,lr:c:r~':~~5 ~:~ra::Oka~~o~~~ ~~,t'i;; ~~~
Public ReCords of Lee County. Florida. and Is In the
northwest qullrte< 01 5ectlon 33 Township .&4 South.
Range 25 EU~ Lee County, florida.
. 3.lnitlal Owner and Operator: International Col.
~~ ~~de~ ~~Ir= ~r~ ~t:r~F~~~rJaratlon orga.
The proceedS of the Prior Bonds were used to fi.
nance the acquisition, construction. and equipping
of certain educational facilities. Including site ac.
9~b~I'I~POc\ftli~!~..::'d 5:~~r,.~~~%~lot.'~rlda (the
4.Colller Facllltles pro/eet Description: A two. story
concrete block bUlld;re of approximately 45.000
~~~d~I~::,~~:~gdfns~~I~~lS~~:" and relat-
S.Colller Facilities Project Address: 2655 North.
brooke Drive, Naples, florlda34119
6.Colller Facilities Initial (and current) Owner a.nd
operator: International College, Inca: private not
~ ~:: of~rg..~d:tlon organized un the laws of
All Interested persons are Invited to submit wrItten
comments or attend the hearing, either personally
or tl\rough their representative, and will be given
an opportunity to express their views concerning
the proJect or the financing. Anyone desiring to
make WrItten comments In advance of the heating
may lend Juett comments to:
Collier COUnty Educational Focllltles Authority
cIa Generll! Counsel
5150 North Tamlaml Troll. Suite 502
NaplM. Florida 3<'103
Written comments received In advance of the hear-
\~'t~~~~ ~g:.~1:: ~r~"1 ~
~~cril: ~"f::n~theAg~~r."~~r I~:
ducement Resolutlon. and the Preliminary Agree.
~:"~~sa~r~e~::~~A~~ ~ ~~~Ylro~lI~
County Economic _opment Council. os ..t lorth
~~. I
SHOULD MY PERSON DECIlIE TO APPEAL ANY DECI.
SION IY THE AUTHORITY WITH CT TO
ANY CONSIDERED AT SUCH SUCH
PER5 NEED' A RECORD OF EED.
INGS R THAT PURPOSE. SUC MAY
NEED URE THAT A VERBATI RD OF
mo"E~O 'rE~\I~O~~D~'N~Hi~ R~P~N
WHlCHT IS TO It: BoA$E1l.
In ._ wtth the _~ whh _lIltle.
AlEct =-.."Ttl~, ...~o:~~~,
GtnllrllI n ~U H3-1DiO no
,.., , ,.~,-.n..IIIl~hMN.'.
,;~/' .. '. Qf
~~ ,'"
'::.
.S."
EXHIBIT C TO RESOLUTION 2004-01
FORM OF INTERLOCAL AGREEMENT
BETWEEN
COLLIER COUNTY EDUCATIONAL FACILITIES AUTHORITY
AND CITY OF FORT MYERS, FLORIDA
.r,.;('," p.' "'#
" ~)
: \ r
16K4
This instrument was prepared by or under the supervision
of (and after recording should be returned to):
Christopher M. Traber, Esq,
Nabors, Giblin & Nickerson, P.A.
2502 Rocky Point Drive, Suite 1060
Tam a, Florida 33607
(5 ace reserved for Clerk of Court)
INTERLOCAL AGREEMENT
BETWEEN COLLIER COUNTY EDUCATIONAL FACILITIES AUTHORITY
AND THE CITY OF FORT MYERS, FLORIDA
WHEREAS, the Collier County Educational Facilities Authority (the "Issuer") is
a public body corporate and politic and a public instrumentality organized and existing
under the laws of the State of Florida including, particularly, Chapter 243, Part I, Florida
Statutes; and
WHEREAS, the Issuer has received an application from International College,
Inc., a Florida not-for-profit corporation (the "Borrower") requesting that the Issuer issue
its educational facilities revenue bonds in an amount not to exceed $20,000,000 and loan
the proceeds from the sale thereof to the Borrower for the principal purpose of providing
funds sufficient to (i) payor reimburse the Borrower for the costs of the acquisition,
construction, and equipping of certain educational facilities to be located in the City,
Florida (the "Project"); (ii) currently refund all or a portion of the Issuer's $4,800,000
Educational Facilities Authority Revenue Bonds (International College, Inc. Project),
Series 1999 and the Issuer's $594,000 Revenue Bond (International College, Inc. Project),
Series 2001 (collectively, the "Prior Bonds"); and (iii) pay certain expenses incurred in
connection with the issuance of the Bonds (as defined below) and the refunding of the
Prior Bonds, including the cost of any credit enhancement or liquidity enhancement, if
deemed necessary or desirable by the Borrower, as described in the Preliminary
Financing Agreement between the Issuer and the Borrower, dated as of January 26, 2004;
and
WHEREAS, the Issuer has given its preliminary approval to the issuance of its
educational facilities revenue bonds in one or more series and in the aggregate principal
amount of not exceeding $20,000,000 (the "Bonds"), pursuant to the authority of Chapter
243, Part I, Florida Statutes, Chapter 163, Part I, Florida Statutes and other applicable
provisions oflaw (collectively, the "Act"), for the purposes described above; and
WHEREAS, the Bonds shall be secured solely by revenues described in the
Indenture of Trust to be dated as of March 1, 2004 between the Issuer and
(the "Trustee") (including any amendments and supplements
thereto, the "Indenture"), and the payment of the principal of and premium, if any, and
4
.,
interest on the Bonds as the same shall become due shall be made solely by the Borrower
in the amounts and from the sources as required by the Indenture and that certain Loan
Agreement to be dated as of March 1, 2004, between the Issuer and the Borrower
(including any amendments and supplements thereto, the "Loan Agreement"); and
WHEREAS, it is deemed desirable by both the Issuer and the City of Fort Myers,
Florida (the "City") that the Issuer and the City enter into this Interlocal Agreement, as
provided for and under the authority of Part I, Chapter 163, Florida Statutes, in order to
assist the Borrower in the financing of the Project located in the municipal boundaries of
the City, as more fully described in the Indenture and the Loan Agreement; and
WHEREAS, the Issuer and the City have determined that the loan of funds
derived from the proceeds of the Bonds to the Borrower pursuant to the terms of the
Indenture and the Loan Agreement will assist in providing modem and efficient
educational facilities and equipment as is commensurate with a desirable level of quality
education in Collier County and the City, and shall serve the public purposes of the Act,
the Project is appropriate to the needs and circumstances of, and shall make a significant
contribution to, the provision of educational facilities in Collier County and the City and
the respective inhabitants thereof; and
WHEREAS, neither the Issuer, Collier County, the City, nor the State of Florida
or any political subdivision or agency thereof shall in any way be obligated to pay the
principal, premium, if any, or interest on the Bonds as the same shall become due, and the
issuance of the Bonds shall not directly, indirectly, or contingently obligate the Issuer,
Collier County, the City, the State of Florida, or any political subdivision or agency
thereof to levy or pledge any form of taxation whatsoever therefor or to make any
appropriation from ad valorem taxation revenues for their payment; and
WHEREAS, on the date hereof, following a duly noticed public hearing held by
the City Council of the City (the "City Council"), for the purpose of giving all interested
persons an opportunity to express their views, either orally or in writing, on the proposed
issuance of the Bonds, the City Council, which has jurisdiction for purposes of Section
147(f) of the Internal Revenue Code of 1986, as amended (the "Code"), over the area in
which a the Project is located, approved the execution and delivery of this Interlocal
Agreement, the issuance of the Bonds by the Issuer and the application of the proceeds
thereof; and
NOW, THEREFORE, THIS INTERLOCAL AGREEMENT, BETWEEN
COLLIER COUNTY EDUCATIONAL FACILITIES AUTHORITY AND THE CITY
OF FORT MYERS, FLORIDA, WITNESSETH AS FOLLOWS:
2
1 6K I ....~
~,~
SECTION 1. PURPOSE. The Borrower shall borrow funds derived from
the proceeds of the Bonds issued by the Issuer for the principal purpose of paying for the
cost of the Project and refunding the Prior Bonds as contemplated by the Indenture and
the Loan Agreement and the funds shall be repaid solely from the revenues of the
Borrower pursuant to the terms of the Indenture and Loan Agreement and the funds shall
be duly expended for their stated purpose. The City hereby acknowledges and approves
the issuance of the Bonds and loan of the proceeds thereof to the Borrower to finance the
Project located in the municipal boundaries of the City. The City acknowledges that the
approval being granted by the City is being provided solely for the purpose of complying
with the host approval requirements of the Act and Section l47(f) of the Code and the
Issuer and the City are entering into this Interlocal Agreement in order to more
effectively perform the Issuer's function related to the provision of adequate educational
facilities pursuant to the powers granted under Section 163.01, Florida Statutes, as
amended.
SECTION 2. PUBLIC AGENCIES; TERM, At all times prior to and
during the term of this Interlocal Agreement, the Issuer and the City constitute "public
agencies" as that term is defined in Section 163.01(3)(b), Florida Statutes, and both the
Issuer and the City have the power and authority to enter into this Interlocal Agreement
for the purposes provided herein. This Interlocal Agreement shall remain in full force and
effect for so long as the Bonds remain outstanding.
SECTION 3. NON-DELEGATION OF DUTIES. This Interlocal
Agreement shall in no way be interpreted to authorize the delegation of the constitutional
or statutory duties of the Issuer, Collier County, the City, the State of Florida or any
political subdivision or agency thereof or any members or officers thereof.
SECTION 4, NO PECUNIARY LIABILITY OF THE CITY; LIMITED
OBLIGATION OF ISSUER. Neither this Interlocal Agreement nor the Bonds shall be
deemed to constitute a general debt, liability, or obligation of or a pledge of the faith and
credit of the Issuer, Collier County, the City, the State of Florida, or any political
subdivision or agency thereof. The issuance of the Bonds pursuant to this Interlocal
Agreement shall not directly, indirectly, or contingently obligate the Issuer, Collier
County, the City, the State of Florida, or any political subdivision or agency thereof to
levy or to pledge any form of taxation whatsoever therefore, or to make any appropriation
for their payment.
SECTION 5. RELIANCE; INDEMNIFICA TION, In executing and
delivering this Interlocal Agreement, the City is relying on the representations, warranties
and covenants to be made by the Borrower in the Loan Agreement, including but not
limited to, a covenant with respect to the use of the Project for the purpose of providing
3
16 t(
~ ~~
t ....
/'1
4..:t...,:f~
-~
educational facilities in the City, as such term is defined in the Act. The City shall be
deemed to be a third party beneficiary to the Loan Agreement for the purposes of relying
on such covenant of the Borrower, and shall be entitled to rely on the indemnification
provided by the Borrower pursuant to such Loan Agreement (and references to the Issuer
in the Loan Agreement shall include the City) if the Borrower fails to perform such
covenant. It shall be an express condition to the effectiveness of this Interlocal
Agreement that the Loan Agreement contain the above-referenced covenant of the
Borrower.
SECTION 6. NO PERSONAL LIABILITY. No covenant or agreement
contained in this Interlocal Agreement shall be deemed to be a covenant or agreement of
any member, officer, agent or employee of the Issuer or the City in his or her individual
capacity and no member, officer, agent or employee of the Issuer or the City or their
respective governing bodies shall be liable personally on this Interlocal Agreement or be
subject to any personal liability or accountability by reason of the execution of this
Interlocal Agreement.
SECTION 7. QUALIFYING PROJECT; IMPACT OF PROJECT,
Exhibit A attached hereto describes the Project. This description was relied upon by the
City in authorizing the execution of this Interlocal Agreement. Based on the description
of the Project, the City hereby finds that it is able to cope satisfactorily with the impact of
the Project, and is able to provide, or cause to be provided when needed, all the public
facilities, utilities and services that will be necessary for the operation, repair,
improvement and maintenance of the Project, and on account of any increase in
population or other circumstances resulting by reason of the location of the Project within
the City.
SECTION 8. FILING OF INTERLOCAL AGREEMENT, It is agreed
that this Interlocal Agreement shall be filed by the Borrower or its authorized agent or
representative with the Clerk of the Circuit Court of Lee County, Florida, and with the
Clerk of the Circuit Court of Collier County, Florida, all in accordance with the Chapter
163, Part I, Florida Statutes, and that this Interlocal Agreement shall not become effective
until so filed.
SECTION 9. INDEMNITY; EXPENSES, The Borrower, by its approval
and acknowledgment at the end of this Interlocal Agreement, agrees to indemnify and
hold harmless the Issuer and the City, and their respective officers, employees and agents,
from and against any and all losses, claims, damages, liabilities or expenses, of every
conceivable kind, character and nature whatsoever, including, but not limited to, losses,
claims, damages, liabilities or expenses (including reasonable fees and expenses of
attorneys, accountants, consultants and other experts), arising out of, resulting from, or in
4
16KLj
any way connected with this Interlocal Agreement or the issuance of the Bonds, other
than any such losses, damages, liabilities or expenses, in the case of the City, arising from
the willful misconduct of the City, and, in the case of the Issuer, arising from the willful
misconduct of the Issuer. The Borrower agrees to pay the City for its reasonable expenses
related to the issuance of the Bonds.
SECTION 10. GOVERNING LAW, This Interlocal Agreement is being
delivered and is intended to be performed in the State of Florida, and shall be construed
and enforced in accordance with, and the rights of the parties shall be governed by, the
laws of such State.
SECTION 11, SEVERABILITY OF INVALID PROVISIONS, If anyone
or more of the covenants, agreements or provisions herein contained shall be held
contrary to any express provisions of law or contrary to the policy of express law, though
not expressly prohibited or against public policy, or shall for any reason whatsoever be
held invalid, then such covenants, agreements or provisions shall be null and void and
shall be deemed separable from the remaining covenants, agreements or provisions and
shall in no way affect the validity of any of the other provisions hereof.
SECTION 12, EXECUTION IN COUNTERPARTS, This Interlocal
Agreement may be executed in any number of counterparts, all of which taken together
shall constitute one and the same instrument and any of the parties hereto may execute
this Interlocal Agreement by signing any such counterpart.
[Signature page follows]
5
16K
1
This instrument was prepared by or under the supervision
of (and after recording should be returned to):
Christopher M. Traber, Esq.
Nabors, Giblin & Nickerson, P.A.
2502 Rocky Point Drive, Suite 1060
Ta a, Florida 33607
S ace reserved for Clerk of Court)
INTERLOCAL AGREEMENT
BETWEEN COLLIER COUNTY EDUCATIONAL FACILITIES AUTHORITY
AND THE CITY OF FORT MYERS, FLORIDA
WHEREAS, the Collier County Educational Facilities Authority (the "Issuer") is
a public body corporate and politic and a public instrumentality organized and existing
under the laws of the State of Florida including, particularly, Chapter 243, Part I, Florida
Statutes; and
WHEREAS, the Issuer has received an application from International College,
Inc., a Florida not-for-profit corporation (the "Borrower") requesting that the Issuer issue
its educational facilities revenue bonds in an amount not to exceed $20,000,000 and loan
the proceeds from the sale thereof to the Borrower for the principal purpose of providing
funds sufficient to (i) payor reimburse the Borrower for the costs of the acquisition,
construction, and equipping of certain educational facilities to be located in the City,
Florida (the" Project"); (ii) currently refund all 0 rap ortion 0 f t he Issuer's $ 4,800,000
Educational Facilities Authority Revenue Bonds (International College, Inc, Project),
Series 1999 and the Issuer's $594,000 Revenue Bond (International College, Inc. Project),
Series 2001 (collectively, the "Prior Bonds"); and (iii) pay certain expenses incurred in
connection with the issuance of the Bonds (as defined below) and the refunding of the
Prior Bonds, including the cost of any credit enhancement or liquidity enhancement, if
deemed necessary or desirable by the Borrower, as described in the Preliminary
Financing Agreement between the Issuer and the Borrower, dated as of January 26,2004;
and
WHEREAS, the Issuer has given its preliminary approval to the issuance of its
educational facilities revenue bonds in one or more series and in the aggregate principal
amount of not exceeding $20,000,000 (the "Bonds"), pursuant to the authority of Chapter
243, Part I, Florida Statutes, Chapter 163, Part I, Florida Statutes and other applicable
provisions of law (collectively, the "Act"), for the purposes described above; and
WHEREAS, the Bonds shall be secured solely by revenues described III the
Indenture of Trust to be dated as of March 1, 2004 between the Issuer and
(the "Trustee") (including any amendments and supplements
thereto, the "Indenture"), and the payment of the principal of and premium, if any, and
16K4
...,
interest on the Bonds as the same shall become due shall be made solely by the Borrower
in the amounts and from the sources as required by the Indenture and that certain Loan
Agreement to be dated as of March 1, 2004, between the Issuer and the Borrower
(including any amendments and supplements thereto, the "Loan Agreement"); and
WHEREAS, it is deemed desirable by both the Issuer and the City of Fort Myers,
Florida (the "City") that the Issuer and the City enter into this Interlocal Agreement, as
provided for and under the authority of Part I, Chapter 163, Florida Statutes, in order to
assist the Borrower in the financing of the Project located in the municipal boundaries of
the City, as more fully described in the Indenture and the Loan Agreement; and
WHEREAS, the Issuer and the City have determined that the loan of funds
derived from the proceeds of the Bonds to the Borrower pursuant to the terms of the
Indenture and the Loan Agreement will assist in providing modem and efficient
educational facilities and equipment as is commensurate with a desirable level of quality
education in Collier County and the City, and shall serve the public purposes of the Act,
the Project is appropriate to the needs and circumstances of, and shall make a significant
contribution to, the provision of educational facilities in Collier County and the City and
the respective inhabitants thereof; and
WHEREAS, neither the Issuer, Collier County, the City, nor the State of Florida
or any political subdivision or agency thereof shall in any way be obligated to pay the
principal, premium, if any, or interest on the Bonds as the same shall become due, and the
issuance of the Bonds shall not directly, indirectly, or contingently obligate the Issuer,
Collier County, the City, the State of Florida, or any political subdivision or agency
thereof to levy or pledge any form of taxation whatsoever therefor or to make any
appropriation from ad valorem taxation revenues for their payment; and
WHEREAS, on the date hereof, following a duly noticed public hearing held by
the City Council of the City (the "City Council"), for the purpose of giving all interested
persons an opportunity to express their views, either orally or in writing, on the proposed
issuance of the Bonds, the City Council, which has jurisdiction for purposes of Section
147(f) of the Internal Revenue Code of 1986, as amended (the "Code"), over the area in
which a the Project is located, approved the execution and delivery of this Interlocal
Agreement, the issuance of the Bonds by the Issuer and the application of the proceeds
thereof; and
NOW, THEREFORE, THIS INTERLOCAL AGREEMENT, BETWEEN
COLLIER COUNTY EDUCATIONAL FACILITIES AUTHORITY AND THE CITY
OF FORT MYERS, FLORIDA, WITNESSETH AS FOLLOWS:
2
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..1.. O~'~' l.~ r ;.1
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SECTION 1. PURPOSE. The Borrower shall borrow funds derived from
the proceeds of the Bonds issued by the Issuer for the principal purpose of paying for the
cost of the Project and refunding the Prior Bonds as contemplated by the Indenture and
the Loan Agreement and the funds shall be repaid solely from the revenues of the
Borrower pursuant to the terms of the Indenture and Loan Agreement and the funds shall
be duly expended for their stated purpose. The City hereby acknowledges and approves
the issuance of the Bonds and loan of the proceeds thereof to the Borrower to finance the
Project located in the municipal boundaries of the City. The City acknowledges that the
approval being granted by the City is being provided solely for the purpose of complying
with the host approval requirements of the Act and Section 147(f) of the Code and the
Issuer and the City are entering into this Interlocal Agreement in order to more
effectively perform the Issuer's function related to the provision of adequate educational
facilities pursuant to the powers granted under Section 163.01, Florida Statutes, as
amended.
SECTION 2, PUBLIC AGENCIES; TERM. At all times prior to and
during the term of this Interlocal Agreement, the Issuer and the City constitute "public
agencies" as that term is defined in Section 163.01(3)(b), Florida Statutes, and both the
Issuer and the City have the power and authority to enter into this Interlocal Agreement
for the purposes provided herein. This Interlocal Agreement shall remain in full force and
effect for so long as the Bonds remain outstanding.
SECTION 3, NON-DELEGATION OF DUTIES. This Interlocal
Agreement shall in no way be interpreted to authorize the delegation of the constitutional
or statutory duties of the Issuer, Collier County, the City, the State of Florida or any
political subdivision or agency thereof or any members or officers thereof,
SECTION 4. NO PECUNIARY LIABILITY OF THE CITY; LIMITED
OBLIGA TION OF ISSUER. Neither this Interlocal Agreement nor the Bonds shall be
deemed to constitute a general debt, liability, or obligation of or a pledge of the faith and
credit of the Issuer, Collier County, the City, the State of Florida, or any political
subdivision or agency thereof. The issuance of the Bonds pursuant to this Interlocal
Agreement shall not directly, indirectly, or contingently obligate the Issuer, Collier
County, the City, the State of Florida, or any political subdivision or agency thereof to
levy or to pledge any form of taxation whatsoever therefore, or to make any appropriation
for their payment.
SECTION 5. RELIANCE; INDEMNIFICATION. In executing and
delivering this Interlocal Agreement, the City is relying on the representations, warranties
and covenants to be made by the Borrower in the Loan Agreement, including but not
limited to, a covenant with respect to the use of the Project for the purpose of providing
3
16K4
educational facilities in the City, as such term is defined in the Act. The City shall be
deemed to be a third party beneficiary to the Loan Agreement for the purposes of relying
on such covenant of the Borrower, and shall be entitled to rely on the indemnification
provided by the Borrower pursuant to such Loan Agreement (and references to the Issuer
in the Loan Agreement shall include the City) if the Borrower fails to perform such
covenant. It shall be an express condition to the effectiveness of this Interlocal
Agreement that the Loan Agreement contain the above-referenced covenant of the
Borrower.
SECTION 6, NO PERSONAL LIABILITY, No covenant or agreement
contained in this Interlocal Agreement shall be deemed to be a covenant or agreement of
any member, officer, agent or employee of the Issuer or the City in his or her individual
capacity and no member, 0 fficer, a gent 0 r employee 0 f t he Issuer 0 r the City or their
respective governing bodies shall be liable personally on this Interlocal Agreement or be
subject to any personal liability or accountability by reason of the execution of this
Interlocal Agreement.
SECTION 7. QUALIFYING PROJECT; IMPACT OF PROJECT.
Exhibit A attached hereto describes the Project. This description was relied upon by the
City in authorizing the execution of this Interlocal Agreement. Based on the description
of the Project, the City hereby finds that it is able to cope satisfactorily with the impact of
the Project, and is able to provide, or cause to be provided when needed, all the public
facilities, utilities and services that will be necessary for the operation, repair,
improvement and maintenance of the Project, and on account of any increase in
population or other circumstances resulting by reason of the location of the Project within
the City.
SECTION 8. FILING OF INTERLOCAL AGREEMENT, It is agreed
that this Interlocal Agreement shall be filed by the Borrower or its authorized agent or
representative with the Clerk of the Circuit Court of Lee County, Florida, and with the
Clerk of the Circuit Court of Collier County, Florida, all in accordance with the Chapter
163, Part I, Florida Statutes, and that this Interlocal Agreement shall not become effective
until so filed.
SECTION 9, INDEMNITY; EXPENSES, The Borrower, by its approval
and acknowledgment a t the end of this Interlocal Agreement, agrees to indemnify and
hold harmless the Issuer and the City, and their respective officers, employees and agents,
from a nd a gainst a ny and alII osses, claims, damages, liabilities 0 r expenses, 0 f every
conceivable kind, character and nature whatsoever, including, but not limited to, losses,
claims, damages, liabilities or expenses (including reasonable fees and expenses of
attorneys, accountants, consultants and other experts), arising out of, resulting from, or in
4
(", U,', ~
... r' J~" !J
, \~
any way connected with this Interlocal Agreement or the issuance of the Bonds, other
than any such losses, damages, liabilities or expenses, in the case of the City, arising from
the willful misconduct of the City, and, in the case of the Issuer, arising from the willful
misconduct of the Issuer. The Borrower agrees to pay the City for its reasonable expenses
related to the issuance of the Bonds.
SECTION 10. GOVERNING LAW. This Interlocal Agreement is being
delivered and is intended to be performed in the State of Florida, and shall be construed
and enforced in accordance with, and the rights of the parties shall be governed by, the
laws of such State.
SECTION 11. SEVERABILITY OF INVALID PROVISIONS. If anyone
or more of the covenants, agreements or provisions herein contained shall be held
contrary to any express provisions of law or contrary to the policy of express law, though
not expressly prohibited or against public policy, or shall for any reason whatsoever be
held invalid, then such covenants, agreements or provisions shall be null and void and
shall be deemed separable from the remaining covenants, agreements or provisions and
shall in no way affect the validity of any of the other provisions hereof,
SECTION 12. EXECUTION IN COUNTERPARTS, This Interlocal
Agreement may be executed in any number of counterparts, all of which taken together
shall constitute one and the same instrument and any of the parties hereto may execute
this Interlocal Agreement by signing any such counterpart.
[Signature pages follow]
5
16K 4 "
IN WITNESS WHEREOF, this Interlocal Agreement has been executed by and
on behalf of the Issuer which has caused this Interlocal Agreement to be executed by its
Chair or Vice-Chair, its seal affixed hereto, as attested by its Assistant Secretary all as of
the _ day of , 2004.
(SEAL)
ATTEST:
Assistant Secretary
STATE OF FLORIDA
COUNTY OF COLLIER
COLLIER COUNTY EDUCATIONAL
FACILITIES AUTHORITY
Alice J. Carlson, Chair
The foregoing instrument was acknowledged before me this _ day of January,
2004, by Alice J. Carlson, Chair of the Collier County Educational Facilities Authority,
who is personally known to melhas produced as identification.
(SEAL)
Printed/Typed Name:
Notary Public-State of Florida
Commission Number:
6
16K4
IN WITNESS WHEREOF, this Interlocal Agreement has been executed by and
on behalf of the City by its Mayor, its seal affixed hereto, as attested by its City Clerk all
as of the _ day of , 2004.
CITY OF FORT MYERS, FLORIDA
(SEAL)
Jim Humphrey, Mayor
ATTEST:
City Clerk
APPROVED AS TO FORM
City Attorney
STATE OF FLORIDA
COUNTY OF LEE
The foregoing instrument was acknowledged before me this _ day of January,
2004, by Jim Humphrey, Mayor of the City of Fort Myers, Florida, who is personally
known to me/has produced as identification.
(SEAL)
Printed/Typed Name:
Notary Public-State of Florida
Commission Number:
7
16 ~(
APPROVAL AND ACKNOWLEDGMENT OF THE BORROWER
, i
G.:..."t,,1I
Ii
The undersigned, Terry P. McMahan, President of and on behalf of International
College, Inc., hereby approves this Interlocal Agreement and acknowledges its
acceptance of its obligations arising thereunder, by causing this Approval and
Acknowledgment to be executed by its proper officer and attested by its proper officer all
as of the date of said Interlocal Agreement.
INTERNATIONAL COLLEGE, INC,
(SEAL)
Terry P. McMahan, President
ATTEST:
John W. White, Vice President of Finance
STATE OF FLORIDA
COUNTY OF COLLIER
The foregoing instrument was acknowledged before me this _ day of January,
2004, by Terry P. McMahan, President of and on behalf of International College, Inc.,
who is personally known to melhas produced as identification.
(SEAL)
Printed/Typed Name:
Notary Public-State of Florida
Commission Number:
8
IbK4
EXHIBIT A
DESCRIPTION OF PROJECT
Project Description: Construction of a concrete block building of approximately
60,000 square feet to house offices, classrooms, and related administrative and
instructional space.
Project Location: The site is on the north side of Colonial Boulevard, (SR 884) at
its intersection with Winkler A venue (west side of Winkler Avenue), in the City, Lee
County, Florida. The site contains 13.049 acres, more or less, and is located in Parcel B,
Newmans Terrace, according to the plat thereof recorded at Plat Book 6, Page 41, of the
Public Records of Lee County, Florida, and is in the northwest quarter of Section 33
Township 44 South, Range 25 East, Lee County, Florida.
Initial Owner and Operator: International College, Inc" a private not for profit
corporation organized under the laws of the State of Florida.
...
7A
A
,\Q
COLLIER COUNTY FLORIDA
REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS
To: Clerk to the Board: Please place the 'following as a:
II' II' II' Normal legal Advertisement 0 Other:
(Display Adv., location, etc.)
*****..*************..***...*.***********..***************.**********..***...***************
Originating Deptl Div: Comm.Dev.Serv./Planning * Person: Rick Grigg 2800 North Horseshoe Dr.
tZl ~ otC::siZ l.,6.r-bNaples, Fl. 34104 (239) 659 - 5731
* Put name & phone number in advertisement.
Date: January 7, 2004
Petition No. (If none, give brief description): A VPLA T2003-AR5000 (FOUNTAINHEAD REPLA T TRACT F)
Petitioner: (Name & Address):
Vineyards Development Corp. 98 Vineyards Boulevard Naples, FI 34119
Name & Address of any person(s) to be notified by Clerk's Office: (If more space is needed, attach separate sheet)
I) There is no agent.
2) See list of abutting owners.
Hearing before
II' II' II' BCC
BZA
Other
Requested Hearing date: FEBRUARY 10, 2004
Newspaper(s) to be used: (Complete only if important):
II' II' II' Naples Daily News
Other
II' II' t1'Legally Required
Proposed Text: (Include legal description & common location & Size: PETITION A VPLA T2003-AR5000 TO
DISCLATh1, RENOUNCE AND VACATE THE COUNTY'S AND THE PUBLIC'S INTEREST IN A
PORTION OF THE DRAINAGE EASEMENT LOCATED ON TRACT "F," ACCORDING TO THE PLAT
OF "FOUNTAINHEAD SUBDIVISION REPLAT" AS RECORDED IN PLAT BOOK 27, PAGES 53
THROUGH 54, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, LOCATED IN SECTION 5,
TOWNSHIP 49 SOUTH, RANGE 26 EAST,
Companion petition(s), if any & proposed hearing date:
Does Petition Fee include advertising cost? 11'11'11' Yes 0 No If Yes, what account should be charged for advertising costs:
For Advertising costs, charge to: P,O.912501
For Recording costs, charge to: 113-138320-649030
~ 'i>.~ I/rp/O/
Department Director Date
Approved by:
County Administrator
Date
List Attachments: 1) RESOLUTION WITH EXHIBIT "A"
2) SEE LIST OF ADJACENT OWNERS
DISTRIBUTION INSTRUCTIONS
A. For hearings before BCC or BZA: Initiating person to complete one copy and obtain Division Head approval before submitting to
County Manager. Note: Iflegal document is involved, be sure that any necessary legal review, or request for same, is submitted to
County Attorney before submitting to County Manager. The Manager's office will distribute copies:
II' II' II' County Manager agenda file: II' II' II' Requesting Division II' II' II' Original to Clerk's Office
B. Other hearings: Initiating Division head to approve and submit original to Clerk's Office, retaining a copy for file.
*****************************************************.**********************************.***
FOR CLERK'S OFFICE USE ON~ L "I ~ I L ( '~N
Date Received: ,i'fJj Date of Public hearing:ti::.jD-(Y1) Date Advertised: J -2-5- 2t:'~rr 2-/- 2UJ
17A I
RESOLUTION NO, 2004-
A RESOLUTION OF THE COLLIER COUNTY BOARD OF COUNTY
COMMISSIONERS FOR PETITION A VPLA T2003-AR5000 TO
DISCLAIM, RENOUNCE, AND VACATE THE COUNTY'S AND THE
PUBLIC'S INTEREST IN A PORTION OF THE DRAINAGE EASEMENT
LOCATED ON TRACT "F" ACCORDING TO THE PLAT OF
"FOUNTAINHEAD SUBDIVISION REPLAT," AS RECORDED IN PLAT
BOOK 27, PAGES 53 THROUGH 54, PUBLIC RECORDS OF COLLIER
COUNTY, FLORIDA, LOCATED IN SECTION 5, TOWNSHIP 49 SOUTH,
RANGE 26 EAST.
WHEREAS, pursuant to Section 177.101, Florida Statutes, Michel Saadeh, from
Vineyards Development Corp., does hereby request the vacation of a portion of the Drainage
Easement located on Tract "F," according to the plat of "Fountainhead Subdivision Replat" as
recorded in Plat Book 27, Pages 53 through 54, Public Records of Collier County, Florida; and
WHEREAS, the Board has this day held a public hearing to consider vacating a portion
of the Drainage Easement located on Tract "F," according to the plat of "Fountainhead
Subdivision Replat," as more fully described below, and notice of said public hearing to vacate
was given as required by law; and
WHEREAS, the granting of the vacation will not adversely affect the ownership or right
of convenient access of other property owners.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the County's easement interests
over and across the following portion of the Drainage Easement located on Tract "F" are hereby
vacated, extinguished, renounced and disclaimed, and this action is declared to be in the Public's
interest and for the Public's benefit:
See Exhibit "A" attached hereto and incorporated herein.
Page 1 of2
17A
~
: ,';
BE IT FURTHER RESOLVED, that the Clerk to the Board is hereby directed to record a
certified copy of this Resolution in the Official Records of Collier County, Florida, and to make
proper notation of this vacation on the recorded plat as referenced above.
This Resolution is adopted this
day of
,2004,
after motion, second and majority vote favoring same.
DATED:
ATTEST:
DWIGHT E. BROCK, Clerk
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
BY:
Deputy Clerk
Chairman
Approved as to form and legal
sufficiency:
~~
Assistant County Attorney
Page 2 of2
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ADJACENT PROPERTY OWNERS
FOUNTAINHEAD LOT 48
AlZ- 6000
Address
Name
Fountainhead
. ,- FH 30
-FH 31
~FH 32
- FH 33
FH 34
rt I 11
T rt I 1:21
V~ A'1
rt I 11
FH45
FH46
/ FH 47
Rayford Nugent
Marsha Sawicki
Theodore Cwikowski Jr.
Pamela Graves
Vineyards Development Corp.
Jafl8 &. .~.I.al.dl..bJlault glll!l.
\ 'iA'~'.flill ~..:.llliHRiAt ~irF
T~'O'."H::1ii i 'i.RAi r1ii"'IIAi~'
\.'iAI~'lf.1 ~1':iI8~~8Rt ~9rp.
Samuel & Nancy~ _
Monica Borrok ~
~oger Drobnick
Agusta Falls
~ AF 24 Barbara Blementhal
._ /- .AF 25 Max Zuercher
/ AF 26 Jesse Howard & Monica Haven
/ AF 27 Jose & Herminia Vijungco
'OI-IEE-T Z 01= 4-
143 April Sound Dr., Naples FL 34119
139 April Sound Dr., Naples FL 34119
135 April Sound Dr., Naples FL 34119
131 April Sound Dr., Naples FL 34119
95 Vineyards Blvd., Naples FL 34119
leBr: rJ_..L:..lxL.., tJ....,..L~ rL a 1110
Qi "iAR)'oril [n's , tlllJiln n. 'J111Q.
1Q'J':" rnm'aiR r><lUFI, tJalllu n.Ol1Hh
Qi "iR9)'9~'4r 'Fl"q , tlrrlU1J 1:'1 1111n
1049 Fountain Run, Naples FL 34119
1053 Fountain Run, Naples FL 34119
1057 Fountain Run, Naples FL 34119
1150 Agusta Falls Way, Naples FL 34119
1154 Agusta Falls Way, Naples FL 34119.
1158 Agusta Falls Way, Naples FL 34119
1162 Agusta Falls Way, Naples FL 34119
Details
Folio No.1122540000140
~
- ..
Current Ownership
Property Addressll NO SITE ADDRESS
~J-IEEI "3 cF 4-
A~ - SQ?O
!=l.A.
Owner Name AGUSTA FALLS HOMEOWNERS
Addresses ASSOCINC
100 VINEYARDS BLVD
I Cityll NAPLES II Statell FL II ZIpll34119 - 4722
Legalll AUGUSTA FALLS TRACT E
Section I Township Range Acres Map No. I Strap No.
05 I 49 26 0 4B05 I 171400 E 14B05
Sub No. II 171400 I AUGUSTA FALLS "'1J MJJlagLArn II ....~ MJJlage.
...'?J Use Code 0 145 13.2998
VACANT RESIDENTIAL I
2003 Preliminary Tax Roll Values
(Subject to change)
Latest Sales History
Land Value I $ 100.00 I
(+) Improved Value $ 0.00
(=) Market Value $ 100.00
(-) SOH Exempt Value $ 0.00
(=) Assessed Value $ 100.00
(-l Homestead and other Exempt Value $ 0.00
(=) Taxable Value $ 100.00
I Date
I 04/2001
Book - Page
2813.1172
Amount I
$ 0.00 I
SOH = "Save Our Homes. exempt value due to cap on assessment
increases.
m:.'EDI
The Information is Updated Weekly.
http://\V\vw.collierappraiser .com/RecordDetail. asp?F 0 I io ID=0000022540000 140
Details
Folio No.1133160000506
~
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Current Ownership
Property Addressll NO SITE ADDRESS
~HEE..T 4 o'F 4
A lZ - Cbooo
dA
Add
FOUNTAINS HEAD AT THE VINEYARDS
EOWNERS ASSOC INC
100 VINEYARDS BLVD
NAPLES State FL
Zlp134119-4722
Legal FOUNTAINHEAD SUB TRACT E, LESS
THAT PORTION NOW AUGUSTA FALLS
& FOUNTAINHEAD SUB REPLAT
(DE & LE)
'For more than four lines of Legal Description please call the Property Appraiser's Office.
Section Township Range Acres
05 49 26 0
Sub No. II 299800 II FOUNTAINHEAD SUBDIVISION
...'j Use Code II 96 II MISCELLANEOUS
Map No. Strap No.
4805 299800 E 14805
II "'1J Millage Area II "'1J MllWm
II 145 II 13.2998
2003 Preliminary Tax Roll Values
(Subject to change)
Land Value II $ 100.00 I
Latest Sales History
(+) Improved Value $ 0,00
(=) Market Value $ 100.00
(-) SOH Exempt Value $ 0.00
(=) Assessed Value $ 100.00
(-) Homestead and other Exempt Value $ 0.00
Book - Page Amount
2813 -1165
$ 0.00
I (=) Taxable Value II $100.00 I
SOH = "Save Our Homes" exempt value due to cap on assessment
increases.
-
.. . ~ .
The Information is Updated Weekly.
__________9!!E.~/~_~"'_'~~ CO 11 i erappraiser. com/RecordDetail. asp?F 0 1 i 0 ID=000003 3 160000506
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January 9, 2004
Attn: Georgia
Naples Daily News
1075 Central Avenue
Naples, Florida 34102
Re: AVPLAT2003-AR5000: FOUNTAINHEAD REPLAT TRACT F
Dear Georgia:
Please advertise the above referenced notice on Sunday, January
25, 2004, and again on Sunday, February 1, 2004, and kindly send
the Affidavits of Publication, in duplicate, together with charges
involved to this office.
Thank you.
Sincerely,
Ann Jennejohn,
Deputy Clerk
P.O.jAccount # 912501
NOTICE OF PUBLIC HEARING
17 A
~
Notice is hereby given that the Board of County Commissioners of Collier
County will hold a public hearing on Tuesday, February 10, 2004, in the
Boardroom, 3rd Floor, Administration Building, Collier County Government
Center, 3301 East Tamiami Trail, Naples, Florida. The meeting will begin
at 9:00 A.M.
THE BOARD TO CONSIDER PETITION AVPLAT2003-AR5000 TO DISCLAIM, RENOUNCE AND
VACATE THE COUNTY'S AND THE PUBLIC'S INTEREST IN A PORTION OF THE DRAINAGE
EASEMENT LOCATED ON TRACT "F", ACCORDING TO THE PLAT OF "FOUNTAINHEAD
SUBDIVISION REPLAT" AS RECORDED IN PLAT BOOK 27, PAGES 53 THROUGH 54,
PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, LOCATED IN SECTION 5, TOWNSHIP
49 SOUTH, RANGE 26 EAST.
NOTE: All Persons wishing to speak on any agenda item must register with
the County Administrator prior to presentation of the agenda item to be
addressed. Individual speakers will be limited to 5 minutes on any item.
The selection of an individual to speak on behalf of an organization or
group is encouraged. If recognized by the Chair, a spokesperson for a
group or organization may be allotted 10 minutes to speak on an item.
Persons wishing to have written or graphic materials included in the Board
agenda packets must submit said material a minimum of 3 weeks prior to the
respective public hearing. In any case, written materials intended to be
considered by the Board shall be submitted to the appropriate County staff
a minimum of seven days prior to the public hearing. All material used in
presentations before the Board will become a permanent part of the record.
Any person who decides to appeal a decision of the Board will need a
record of the proceedings pertaining thereto and therefore, may need to
ensure that a verbatim record of the proceedings is made, which record
includes the testimony and evidence upon which the appeal is based.
Any questions or concerns should be directed to Rick Grigg, Collier County
Community Development/Planning Services Section at (239) 659-5731.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
TOM HENNING, CHAIRMAN
DWIGHT E. BROCK, CLERK
By: IS/Ann Jennejohn, Deputy Clerk
(SEAL)
Dwight E. Brock
Clerk of Courts
-~eupt~~~feollier
CLERK OF THE CIRCUIT COURT
cOLLmRCO~COURTIIDUSE
3301 T AMIAMI TRAIL EA:ST
P.O. BOX 413044
NAPLES, FLORIDA 34101-3044
.
17 A
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Clerk of Courts
Accountant
Auditor
Custodian of County Funds
~tt
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January 9, 2004
Agusta Falls/Fountainhead
Homeowners Association
100 Vineyards Boulevard
Naples, FL 34119
Re: Notice of Public Hearing to consider Petition
AVPLAT2003-ARSOOO, Fountainhead Replat Tract F
Dear Petitioner:
Please be advised that the above referenced petition will be
considered by the Board of County Commissioners on Tuesday,
February 10, 2004, as indicated on the enclosed notice. The
legal notice pertaining to this petition will be published
in the Naples Daily News on Sunday, January 25th, 2004, and
again on Sunday, February 1st, 2004.
You are invited to attend this public hearing.
Sincerely,
DWIGHT E. BROCK, CLERK
tJ-tAM..
.. D.c.
Arm Jenn john,
Deputy Clerk
Enclosure
Phone- (239) 732-2646
Website- www.clerk.collier.fl.us
Fax- (239) 775-2755
Email-collierclerk@clerk.collier.fl.us
Dwight E. Brock
Clerk of Courts
;C6~t~:-_ofe611ier
CLERK OF THE CIRCUIT COURT
COLLIER COUNTY COURmOUSE
3301 TAMlAMI TRAIL EAST
P.O. BOX 413044
NAPLES, FLORIDA 34101-3044
~l.. 7 I~
III
Clerk of Courts
Accountant
Auditor
Custodian of County Funds
January 9, 2004
Jose & Herminia Vijungco
1162 Agusta Falls Way
Naples, FL 34119
Re: Notice of Public Hearing to consider Petition
AVPLAT2003-ARSOOO, Fountainhead Replat Tract F
Dear Petitioner:
Please be advised that the above referenced petition will be
considered by the Board of County Commissioners on Tuesday,
February 10, 2004, as indicated on the enclosed notice. The
legal notice pertaining to this petition will be published
in the Naples Daily News on Sunday, January 25th, 2004, and
again on Sunday, February 1st, 2004.
You are invited to attend this public hearing.
Sincerely,
DWIGHT g. BROCK, CLERK
~~
0.( .
Ann Jennej hn,
Deputy Clerk
Enclosure
Phone-(239)732-2646
Website- www.clerk.collier.fl.us
Fax-(239) 775-2755
Email-collierclerk@clerk.collier.fl.us
Dwight E. Brock
Clerk of Courts
:~e~~~~reollier
CLERK OF TIlE CIRCUIT COURT
COLLIER COUNTY COURTHOUSE
3301 TAMIAMI~EAST
P.O. BOX 413044
NAPLES, FLORIDA 34101-3044
17 A
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t ,~
Clerk of Courts
Accountant
Auditor
Custodian of County Funds
'~I"
January 9, 2004
Jesse Howard
Monica Haven
1158 Agusta Falls Way
Naples, FL 34119
Re: Notice of Public Hearing to consider Petition
AVPLAT2003-ARSOOO, Fountainhead Replat Tract F
Dear Petitioner:
Please be advised that the above referenced petition will be
considered by the Board of County Commissioners on Tuesday,
February 10, 2004, as indicated on the enclosed notice. The
legal notice pertaining to this petition will be published
in the Naples Daily News on Sunday, January 25th, 2004, and
again on Sunday, February 1st, 2004.
You are invited to attend this public hearing.
Sincerely,
DWIGHT E. BROCK, CLERK
~~....
0.[ .
Ann Jennej , ~
Deputy Clerk
Enclosure
Phone-(239)732-2646
Website- www.clerk.collier.ft.us
Fax-(239)775-2755
Email-collierclerk@clerk.collier.ft.us
Dwight E. Brock
Clerk of Courts
.~oup.t~~pfeollier
CLERK OF TIlE CIRCUIT COURT
COLLIER COUNTY COURTHOUSE
3301 T AMIAMI TRAIL EAST
P.O. BOX 413044
NAPLES, FLORIDA 34101-3044
17 A
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Clerk of Courts
Accountant
Auditor
Custodian of County Funds
"~~I"
January 9, 2004
Max Zuercher
1154 Agusta Falls Way
Naples, FL 34119
Re: Notice of Public Hearing to consider Petition
AVPLAT2003-ARSOOO, Fountainhead Replat Tract F
Dear Petitioner:
Please be advised that the above referenced petition will be
considered by the Board of County Commissioners on Tuesday,
February 10, 2004, as indicated on the enclosed notice. The
legal notice pertaining to this petition will be published
in the Naples Daily News on Sunday, January 25th, 2004, and
again on Sunday, February 1st, 2004.
You are invited to attend this public hearing.
Sincerely,
~. BROCK, ~LERK
~.D,L.
Ann Jennej4n, (J -
Deputy Clerk
Enclosure
Phone-(239)732-2646
Website- www.c1erk.collier.fl.us
Fax-(239)775-2755
Email-collierclerk@c1erk.collier.fl.us
Dwight E. Brock
Clerk of Courts
'Co~f~~!lfe61lier
CLERK OF THE CIRCUIT COURT
COLLIER COUNTY COURmpUSE
3301 TAMIAMI TIMIL EAST
P.O. BOX4L3044
NAPLES, FLORIDA31101-3~
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Clerk of Courts
Accountant
Auditor
Custodian of County Funds
January 9, 2004
Barbara Blementhal
1150 Agusta Falls Way
Naples, FL 34119
Re: Notice of Public Hearing to consider Petition
AVPLAT2003-ARSOOO, Fountainhead Replat Tract F
Dear Petitioner:
Please be advised that the above referenced petition will be
considered by the Board of County Commissioners on TuesdaYI
February 10, 20041 as indicated on the enclosed notice. The
legal notice pertaining to this petition will be published
in the Naples Daily News on Sunday, January 25th, 2004, and
again on Sunday, February 1st, 2004.
You are invited to attend this public hearing.
Sincerely,
DWIGHT E. BROCK1 CLERK
~e~1 0.(,
Deputy Clerk
Enclosure
Phone- (239) 732-2646
Website- www.clerk.collier.fl.ns
Fax-(239)775-2755
Email- collierclerk@clerk.collier.fl.ns
Dwight E. Brock
Clerk of Courts
.:Ceupt~~~-eonier
CLERK OF THE CIRCUIT COURT
COLLIER COUNTY COURTHOUSE
3301 TAMIAMI TJMIL EAST
P.O. BOX 413044
NAPLES, FLORIDA31101-3044
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Clerk of Courts Ii
Accountant
Auditor
Custodian of County Funds
~(,....'
January 9, 2004
Roger Drobnick
1057 Fountain Run
Naples, FL 34119
Re: Notice of Public Hearing to consider Petition
AVPLAT2003-ARSOOO, Fountainhead Replat Tract F
Dear Petitioner:
Please be advised that the above referenced petition will be
considered by the Board of County Commissioners on Tuesday,
February 10, 2004, as indicated on the enclosed notice. The
legal notice pertaining to this petition will be published
in the Naples Daily News on Sunday, January 25th, 2004, and
again on Sunday, February 1st, 2004.
You are invited to attend this public hearing.
Sincerely,
DWIGHT E. BROCK, CLERK
~~
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Ann Jenne' hn,
Deputy Clerk
Enclosure
Phone-(239)732-2646
Website- www.clerk.collier.fl.us
Fax-(239)775-2755
ED1ail-collierclerk~clerk.collier.fl.us
Dwight E. Brock
Clerk of Courts
,Ceup.t~.~~-e'ol~ier
CLERK OF THE CIRCUIT COURT
COLLIER COUNTYCOURn10USE
3301 TAMIAMI TAAn.. EA~T
P.O. BOX 41:3044
NAPLES, FLORIDA~1101-3044
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Clerk of Courts
Accountant
Auditor
Custodian of County Funds
January 9, 2004
Monica Borrok
1053 Fountain Run
Naples, FL 34119
Re: Notice of Public Hearing to consider Petition
AVPLAT2003-AR5000, Fountainhead Replat Tract F
Dear Petitioner:
Please be advised that the above referenced petition will be
considered by the Board of County Commissioners on Tuesday,
February 10, 2004, as indicated on the enclosed notice. The
legal notice pertaining to this petition will be published
in the Naples Daily News on Sunday, January 25th, 2004, and
again on Sunday, February 1st, 2004.
You are invited to attend this public hearing.
Sincerely,
DWIGHT E. BROCK, CLERK
~
. D.c._
Ann Jennejoh
Deputy Clerk
Enclcsure
Phone-(239) 732-2646
Website- www.clerk.collier.fl.us
Fax-(239) 775-2755
Email-collierclerk@clerk.collier.fl.us
Dwight E. Brock
Clerk of Courts
~0upt~-~_~-e6~ier
CLERK OF THE CIRCUIT COURT
COLLIER COUNTY GOURTH.,OUSE
3301 TAMIAMI TRAIL E~ST
P.O. BOX 413044
NAPLES, FLORIDA 34101-3044
, .
17 A
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~I..
~.~.
Clerk of Courts
Accountant
Auditor
Custodian of County Funds
January 9, 2004
Samuel & Nancy Schaffer
1049 Fountain Run
Naples, FL 34119
Re: Notice of Public Hearing to consider Petition
AVPLAT2003-AR5000, Fountainhead Replat Tract F
Dear Petitioner:
Please be advised that the above referenced petition will be
considered by the Board of County Commissioners on Tuesday,
February 10, 2004, as indicated on the enclosed notice. The
legal notice pertaining to this petition will be published
in the Naples Daily News on Sunday, January 25th, 2004, and
again on Sunday, February 1st, 2004.
You are invited to attend this public hearing.
Sincerely,
DWIGHT E. BROCK, CLERK
~-
~rL
Ann Jennejoh ,
Deputy Clerk
Enclosure
Phone-(239) 732-2646
Website- www.clerk.collier.fl.us
Fax-(239)775-2755
Email- coUierclerk@clerk.coUier.fl.us
Dwight E. Brock
Clerk of Courts
")~eupty~pfeoij.ier
CLERK OF THE CIRCUIT COURT
COLLIER COUNTY COURTHOUSE
3301 T AMIAMI TRAIL EJ/ST
P.O. BOX 413044
NAPLES, FLORIDA 34101-3044
2::..( I
17A
Clerk of Courts
Accountant
Auditor
Custodian of County Funds
.....'
January 9, 2004
Vineyards Development Corporation
95 Vineyards Boulevard
Naples, FL 34119
Re: Notice of Public Hearing to consider Petition
AVPLAT2003-ARSOOO, Fountainhead Replat Tract F
Dear Petitioner:
Please be advised that the above referenced petition will be
considered by the Board of County Commissioners on Tuesday,
February 10, 2004, as indicated on the enclosed notice. The
legal notice pertaining to this petition will be published
in the Naples Daily News on Sunday, January 25th, 2004, and
again on Sunday, February 1st, 2004.
You are invited to attend this public hearing.
Sincerely,
DWIGHT E. BROCK, ~LERK
~~~D_L.
Ann Jennejo~n, (
Deputy Clerk
Enclosure
Phone-(239) 732-2646
Website- www.clerk.collier.fl.ns
Fax- (239) 775-2755
Email- collierclerk@clerk.collier.fl.ns
Dwight E. Brock
Clerk of Courts
'-~Gll!1t~~_<?fe6lJ.ier
CLERK OF THE CIRCUIT COURT
COLLIER COUNTY COURTHOUSE
3301 T AMIAMI TRAll.. EAtT
P.O. BOX 413044
NAPLES, FLORIDA 34101-3044
I
7A
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..- ~ Ii
~
Clerk of Courts
Accountant
Auditor
Custodian of County Funds
January 9, 2004
Pamela Graves
131 April Sound Drive
Naples, FL 34119
Re: Notice of Public Hearing to consider Petition
AVPLAT2003-ARSOOO, Fountainhead Replat Tract F
Dear Petitioner:
Please be advised that the above referenced petition will be
considered by the Board of County Commissioners on Tuesday,
February 10, 2004, as indicated on the enclosed notice. The
legal notice pertaining to this petition will be published
in the Naples Daily News on Sunday, January 25th, 2004, and
again on Sunday, February 1st, 2004.
You are invited to attend this public hearing.
Sincerely,
DWIGHT E. BROCK, CLERK
~ ~,.OrC
Ann Jennej&hn, 0 ~- ~
Deputy Clerk
Enclosure
Phone-(239) 732-2646
Website- www.clerk.collier.ft.us
Fax- (239) 775-2755
Email-collierclerk@clerk.collier.ft.us
Dwight E. Brock
Clerk of Courts
r:~e~f~~~~eonier
CLERK OF TIffi CIRCUIT COURT
COLLIER COUNTY COURTHOUSE
3301 TAMIAMI TRAIL EA'~)T
P.O. BOX 413044
NAPLES, FLORIDA 34101-3044
17 A
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-;"r;-'
Clerk of Courts
Accountant
Auditor
Custodian of County Funds
"I'
"
January 9, 2004
Theodore Cwikowski Jr.
135 April Sound Drive
Naples, FL 34119
Re: Notice of Public Hearing to consider Petition
AVPLAT2003-ARSOOO, Pountainhead Replat Tract P
Dear Petitioner:
Please be advised that the above referenced petition will be
considered by the Board of County Commissioners on Tuesday,
February 10, 2004, as indicated on the enclosed notice. The
legal notice pertaining to this petition will be published
in the Naples Daily News on Sunday, January 25th, 2004, and
again on Sunday, February 1st, 2004.
You are invited to attend this public hearing.
Sincerely,
DWIGHT E. BROCK, CLERK
~
D.c-,
Ann Jennejo n,
Deputy Clerk
Enclosure
Phone-(239)732-2646
Website- www.clerk.collier.ft.us
Fax-(239)775-2755
Email-collierclerk@clerk.collier.ft.us
Dwight E. Brock
Clerk of Courts
1ibf)~t~~!Jre6~ier
CLERK OF THE CIRCUIT COURT
COLLIER COUNTY COURTHOUSE
3301 TAMIAMI~EAST
P.O. BOX 413044
NAPLES, FLORIDA 34101-3044
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Clerk of Courts
Accountant
Auditor
Custodian of County Funds
January 9, 2004
Rayford Nugent
143 April Sound Drive
Naples, FL 34119
Re: Notice of Public Hearing to consider Petition
AVPLAT2003-ARSOOO, Fountainhead Replat Tract F
Dear petitioner:
Please be advised that the above referenced petition will be
considered by the Board of County Commissioners on Tuesday,
February 10, 2004, as indicated on the enclosed notice. The
legal notice pertaining to this petition will be published
in the Naples Daily News on Sunday, January 25th, 2004, and
again on Sunday, February 1st, 2004.
You are invited to attend this public hearing.
Sincerely,
DWIGHT E. BROCK, CLERK
~
. D.~ .
Ann Jennejo n,
Deputy Clerk
Enclosure
Phone-(239) 732-2646
Web site- www.clerk.collier.fl.us
Fax-(239)775-2755
~~l-collierclerk~cler~collier.fl.us
Dwight E. Brock
Clerk of Courts
I~oupfypfeollier
. .-
CLERK OF THE CIRCUIT COURT
COLLIER COUNTY COURTHOUSE
3301 TAMIAMI TRAIL EAST
P.O. BOX 413044
NAPLES, FLORIDA 34101-3044
};~
. .'
Clerk of Courts
Accountant
Auditor
Custodian of County Funds
January 9, 2004
Marsha Sawicki
139 April Sound Drive
Naples, FL 34119
Re: Notice of Public Hearing to consider Petition
AVPLAT2003-ARSOOO, Fountainhead Replat Tract F
Dear Petitioner:
Please be advised that the above referenced petition will be
considered by the Board of County Commissioners on Tuesday,
February 10, 2004, as indicated on the enclosed notice. The
legal notice pertaining to this petition will be published
in the Naples Daily News on Sunday, January 25th, 2004, and
again on Sunday, February 1st, 2004.
You are invited to attend this public hearing.
Sincerely,
DwIGHT E. BROCK, CLERK
~
Ann Jennejo
Deputy Clerk
En::losure
Phone- (239) 732-2646
Website- www.clerk.collier.fl.us
Fax-(239) 775-2755
Email-collierclerk@clerk.collier.fl.us
Ann P. Jennejohn
To: Georgia (E-mail)
Subject: A VPLA T2003-AR5000
17 A
,.
~I
I
Hi again Georgia!
Please advertise the attached on Sunday, January 25 and again on February " 2004.
Thank you,
Ann
~
~
Minutes & Records
AVPLAT2003-AR50 AVPLAT2003-AR50
OO.doc OO,doc
1
Ann P. Jennetohn
From:
Sent:
To:
Subject:
postmaster@clerk,collier.fl.us
Friday, January 09. 2004 11 :54 AM
Ann P. Jennejohn
Delivery Status Notification (Relay)
17/4
.;~ ~
i.
,i
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lo
B
ATI49017S.txt AVPLAT2003-ARSO
00
This is an automatically generated Delivery Status Notification.
Your message has been successfully relayed to the following recipients, but the requested
delivery status notifications may not be generated by the destination.
legals@naplesnews.com
1
Ann P. Jennejohn
From:
Sent:
To:
Subject:
System Administrator [postmaster@naplesnews.com]
Friday, January 09, 2004 11 :42 AM
Ann P. Jennejohn
Del ivered: A VPLA T2003-AR5000
17 A
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L:::.J
A VPLA T2003-ARSO
00
<<AVPLAT2003-AR5000>> Your message
To: Georgia (E-mail)
subject: AVPLAT2003-AR5000
Sent: Fri, 9 Jan 2004 11:54:16 -0500
was delivered to the following recipient(s):
legals on Fri, 9 Jan 2004 11:42:21 -0500
1
A VPLAT2003-AR5000
Page 1 of 1
Ann P. Jennejohn
1 7:~
"'!
From: legals [Iegals@naplesnews.com]
Sent: Friday, January 09. 2004 2:04 PM
To: Ann P. Jennejohn
Subject: RE: AVPLAT2003-AR5000
rcvd
to run jan 25, feb 1
georgia
-----Original Message---n
From: Ann P. Jennejohn [mailto:AnnJennejohn@c1erk.collierJI.Us]
Sent: Friday, January 09, 2004 11:54 AM
To: Georgia (E-mail)
Subject: AVPLAT2003-AR5000
Hi again Georgia!
Please advertise the attached on Sunday, January 25 and again on February
" 2004.
Thank you,
Ann
Minutes & Records <<A VPLA T2003-AR5000.doc>> <<A VPLA T2003-AR5000.doc>>
1/912004
Naples Daily News
Nap~e~, FL 34102
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Affidavit of Publication
Naples Daily News
--------------------------------------------------+---------------------
BOARD OF COUNTY COMMISSIONERS
CHERI LEFARA
PO BOX 413016
NAPLES FL 34101-3016
REFERENCE: 001230
58785877
912501
AVPLAT2003-AR5000NOT
State of Florida
County of Collier
Before the undersigned authority, personally
appeared B. Lamb, who on oath says that she serves
as Assistant Corporate Secretary of the Naples
Daily News, a daily newspaper published at Naples,
in Collier County, Florida: that the atta~hed
copy of advertising was published in said
newspaper on dates listed.
Affiant further says that the said Naples Daily
News is a newspaper published at Naples, in said
Collier County, Florida, and that the said
newspaper has heretofore been continuously
published in said Collier County, Florida, each
day and has been entered as second class mail
matter at the post office in Naples, in said
Collier County, Florida, for a period of 1 year
next preceding the first publication of the
attached copy of advertisement; and affiant
further says that she has neither paid nor
promised any person, firm or corporation any
discount, rebate, commission or refund for the
purpose of securing this advertisement for
publiction in the said newspaper.
PUBLISHED ON: 01/25 02/01
AD SPACE: 121.000 INCH
FILED ON: 02/02/04
--------------------------------------------------+-----------------------
Signature of Affiant ~5~ ~
Sworn to and Subscribed before me this ~ day of
Personally known by me ,;,y:,:,~u7f I3H~'-<',?
_,'*f.Y.f4:'" Horriett Bushong
{{~-"f:~ MY COMMISSION # DD234689 EXPIRES
~.,.....~",Q.' July 24, 2007
''.f.,9f;.i~.~'''' BONDED THRU TROYFAIN INSURANCE. INC
r::e-#-
200f
AVPLATZOo3-ARSOOO
PU~'Gf1NG
"'1~15 tWre:1 ca::en
I 15 s of c:':l.
<>> tll bold a
on Tl.IV:'
a)' fe 11l. 2~
In the rOOm. 3ra
FlOOr. dmlnlstratl,on
BUilding, COllier. county
G.overi'fmentc.nte~r,
3301. 51lStTanIlaml Tr I.
Naples. Florida. T e
meeting will begin at
9:00 A.M.
THE BOARO TO ,CONSIO-
I;R PJ;TITION AVPLAT2-
003.AR5000 TO OIS-
CLAIM11R~~~JNAN.~ \
X~.J.E"U.LIC'$ .
TERl!$Tltt A PO.rlN
OF. THE ORAl'tATB!oEAoSEN- '.
MENT LOC" '"
TRA ,..C.T. . -F". . AC~. ()fl.... DIN Gl
TOTH lAT,O ,"FOU'I
NT'" OS IOIVI-
Sf 0" At" All RE.
cOR PLAT.OOK
"1 .. 53 THROUGH
.. . (.. RECOROS OF
rbLLlE COUNTY.
FLORIDA, LOCATED IN
SECTION 5, TOWNSHIP
49 SOUTH, RANGE 26
EAST. .
NOTI;: All PersQns wish-
Ing to:rPeak O1T"rmYI
agenda Item must regls-.I
terwlth the County Ad. I
mlnlstrator prior to pre- I
sentatlon of the agenda!
item' to Ill! addressed.'
Indlvldl.la( speakers will
be limited, to 5 minutes
on an~ Item. The selec-
tion of an Individual to
speak on behalf of an
organization or group Is
encouraged. If recog-
nized by the Chair, a
spo~esperson for a
grOl.lpor ."rganlzatlon
maybe.atiOtfedlO min-
utes to speak on an
item.
Persons wishing to
have written or graPhic
materials included In
the Bow agenda pack-
ets must submit said
material a minimum of 3
weeks prior to the re-
spective public hearing.
In any case, written ma-
terials intended to be
considered by the Board
shalt besufJmlttlld to
the appr~lllte . County
staff amkilmum of sev-
en days prior to the
public hearing. Ail ma"
terlal used In presenta-
tions before .the Board
will become a perma'
nent part ofthe record.
Any person who decid-
es to appeal a decision
ofthelloaF4 wlll need a
record of tmr-prect'l!d-
Ings "rtalnlllg thilreto
and ~therefore, may
need to ensure that a
verbatim record of the
proceedings Is made,
whichreoord Includes
the testimony and evi-
dence upon which the
appeal Is based.
Any questions or con-
cerns shoLlid be di-
rected to Rick Grigg,
Collier County Commu-
nity Development/Pla-
nning Serllltes Section
at (239) 65906731.
BOARD OF COUIHY
COMMISSIONERS
COLLIER COUNTY,
FLORIDA
TOM HENNING; CHAIR.
MAN
DWIGHT E. BROCK,
CLEIIIK
By: IslAnn Jennejohn,
=rc"
- J..... 25. Feb. 1
~o. 4S50551
\~
17A
l\:~ ~\;J
. i':":'a
..
3344067 OR: 3501 PG: 0412
RBCORDBD in OFFICIAL RBCORDS of COLLIBR COUNTY FL
02/12/2004 at 03:25PM DWIGHT B. BROCK, CLBRK '
RBC FBB 15.00
COPUS 3.00
Retn:
CLBRK TO THB BOARD
INTBROFFICB 4TH FLOOR
EXT 7240
RESOLUTION NO. 2004- 47
A RESOLUTION OF THE COLLIER COUNTY BOARD OF COUNTY
COMMISSIONERS FOR PETITION A VPLAT2003-AR5000 TO
DISCLAIM, RENOUNCE, AND VACATE THE COUNTY'S AND THE
PUBLIC'S INTEREST IN A PORTION OF THE DRAINAGE EASEMENT
LOCATED ON TRACT "F" ACCORDING TO THE PLAT OF
"FOUNTAINHEAD SUBDIVISION REPLAT," AS RECORDED IN PLAT
BOOK 27, PAGES 53 THROUGH 54, PUBLIC RECORDS OF COLLIER
COUNTY, FLORIDA, LOCATED IN SECTION 5, TOWNSHIP 49 SOUTH,
RANGE 26 EAST.
WHEREAS, pursuant to Section 177.101, Florida Statutes, Michel Saadeh, from
Vineyards Development Corp., does hereby request the vacation of a portion of the Drainage
Easement located on Tract "F," according to the plat of "Fountainhead Subdivision Replat" as
recorded in Plat Book 27, Pages 53 through 54, Public Records of Collier County, Florida; and
WHEREAS, the Board has this day held a public hearing to consider vacating a portion
of the Drainage Easement located on Tract "F," according to the plat of "Fountainhead
Subdivision Replat," as more fully described below, and notice of said public hearing to vacate
was given as required by law; and
WHEREAS, the granting of the vacation will not adversely affect the ownership or right
of convenient access of other property owners.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the County's easement interests
over and across the following portion of the Drainage Easement located on Tract "F" are hereby
vacated, extinguished, renounced and disclaimed, and this action is declared to be in the Public's
interest and for the Public's benefit:
See Exhibit "A" attached hereto and incorporated herein.
Page 1 of2
OR: 3501 PG: 0413
17A
!
.' j
...
BE IT FURTHER RESOLVED, that the Clerk to the Board is hereby directed to record a
certified copy of this Resolution in the Official Records of Collier County, Florida, and to make
proper notation of this vacation on the recorded plat as referenced above.
This Resolution is adopted this
day of
,2004,
after motion, second and majority vote favoring same.
DATED: 'Z.ll\(()~
ATTEST:
DWIGHT E. BROCK, Clerk
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BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
;p~ .J~",-
BY:
Donna Fiala
Chairman
Approved as to form and legal
sufficiency:
~~tt~
Assistant County Attorney
Page 2 of2
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COLLIER COUNTY FLORIDA
REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS
(i) 178
To: Clerk to the Board: Please place the following as a:
X Normal legal Advertisement
(Display Adv., location, etc.)
o Other:
**********************************************************************************************************
Originating Dept/ Div: Traffic Operations and ATM Department:
Person: Bob Petersen Date: 1/22/04
Petition No. (If none, give brief description): Repeal of Collier County Ordinance No. 2001-76, as amended, which created the
Livingston Road Phase II Beautification Municipal Services Taxing Unit.
Petitioner: (Name & Address):
Name & Address of any person(s) to be notified by Clerk's Office: (If more space is needed, attach separate sheet)
Hearing before X BCC
BZA
Other
Requested Hearing date: (Based on advertisement appearing 10 days before hearing.) 2/10/04
Newspaper(s) to be used: (Complete only if important):
X Naples Daily News
o Other
o Legally Required
Proposed Text: (Include legal description & common location & Size:
AN ORDINANCE REPEALING COLLIER COUNTY ORDINANCE NO. 2001-76, AS AMENDED, WHICH CREATED
THE LIVINGSTON ROAD PHASE II BEAUTIFICATION MUNICIPAL SERVICE TAXING UNIT; PROVIDING FOR
INCLUSION IN THE CODE OF LAWS AND ORDINANCES; PROVIDING FOR CONFLICT AND SEVERABILITY; AND
PROVIDING FOR AN EFFECTIVE DATE.
"'(l'lU\spo~on IT ra..ns SI/csj T to../')S Opos '0 ,- "3'- tb G. 'fq 100
Companion petition(s), if any & proposed hearing date: February 10,2004
Does Pe . . n Fee include advertising cost? 0 Yes X No
Uno, what a unt should be charged for advertising costs: 111-163647
List Attachments: Ordinance, Executive Summary
Rea IJ.. II z.z/ () l/
lJ6/R.Ifl9 ~a.fe J/lojoC!
IJhV€:enstb {j3~ 0 if
. H:\l Traffic Ops~A TM DeptIJoanne Hlrtman\Request for Legal Advertisment\Legal Advertismerit 04-0 1-21 Livingston Ord R.epeaLdoc
EXECUTIVE SUMMARY
lr-t:
8
REQUEST BOARD TO REPEAL COLLIER COUNTY ORDINANCE NO. 2001-76, AS
AMENDED, WHICH CREATED THE LIVINGSTON ROAD PHASE II
BEAUTIFICATION MUNICIPAL SERVICE TAXING UNIT (M.S.T.U.).
OBJECTIVE: Request the Board to repeal Collier County Ordinance No. 2001-76, as amended,
which created the Livingston Road Phase II Beautification M.S.T.U.
CONSIDERATION: This M.S.T.U. was formed on December 11, 2001 by Ordinance No.
2001-76. Section Six of this Ordinance was amended on March 26, 2002 by Ordinance No.
2002-14 to allow property owners and appointed representatives of property owners to serve on
the Advisory Committee. The Ordinance was amended again on March 28, 2003 by Ordinance
No. 2003-12 to increase the membership of the Advisory Committee from five members to seven
members; and to remove Grey Oaks Development from the boundaries of this M.S.T.U.
At the February 5,2003 Livingston Road Phase II Beautification M.S.T.U. meeting the Advisory
Committee voted to disband the M.S.T.U. and not incur any additional costs.
FISCAL IMPACT: No fiscal impact. Grey Oaks Development paid their portion,
$134,627.21, in the tax year 2003. The remaining balance due to Collier County will be
recouped through ad valorem taxes levied in FY 04 for the properties remaining in the
Livingston Road Phase II Beautification MSTU. Funds were budgeted in the Livingston Road
Phase II Beautification MSTU operating budget for this purpose.
GROWTH MANAGEMENT IMPACT: No Impact to Growth Management.
RECOMMENDATION: Staff Recommends the Board approve this repeal of Ordinance 2001-
76, Livingston Road Phase II Beautification M.S.T.U.
ob Peters n, Project Manager, Traffic Operations & ATM Department
REVIEWED BY: Dale: ~JbJ
Diane FI gg, Director, Traffic Operations & A TM Depart~
-- ju./JJ-/JL/
,"
Date: / ~ /tf~ 0'1
PREP ARED BY:
APPROVED BY: Date:
Norman E. Feder, AICP, Transportation Administrator
Attachments: Repeal Ordinance No. 2004-_
2/5/2003 Minutes from Livingston Road Phase II Beautification M.S.T.U
178
ORDINANCE NO. 2004-_
AN ORDINANCE REPEALING COLLIER COUNTY
ORDINANCE NO. 2001-76, AS AMENDED, WHICH
CREA TED THE LIVINGSTON ROAD PHASE II
BEAUTIFICATION MUNICIPAL SERVICE TAXING UNIT;
PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND
ORDINANCES; PROVIDING FOR CONFLICT AND
SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, on December 11, 2001, the Board of County Commissioners adopted
Ordinance No. 2001-76 which created the Livingston Road Phase II Beautification Municipal
Service Taxing Unit (the "MSTU"); and
WHEREAS, the Board of County Commissioners desires to terminate the MSTU.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA that:
SECTION ONE: REPEAL OF ORDINANCE NO. 2001-76, AS AMENDED.
Collier County Ordinance No. 2001-76, as amended, which created the Livingston Road Phase II
Beautification Municipal Service Taxing Unit is hereby repealed in its entirety.
SECTION TWO: INCLUSION IN THE CODE OF LAWS AND ORDINANCES.
The provisions of this Ordinance shall become and be made a part of the Code of Laws and
Ordinances of Collier County, Florida. The sections of the Ordinance may be renumbered or re-
lettered to accomplish such, and the word "ordinance" may be changed to "section," "article," or any
other appropriate word.
SECTION THREE: CONFLICT AND SEVERABILITY.
In the event this Ordinance conflicts with any other Ordinance of Collier County or other applicable
law, the more restrictive shall apply. If any phrase or portion of the Ordinance is held invalid or
unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate,
distinct and independent provision and such holding shall not affect the validity of the remaining
portion.
SECTION FOUR: EFFECTIVE DATE.
This Ordinance shall take effect upon filing with the Florida Department of State.
PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier
County, Florida, this day of , 2004.
DATED:
ATTEST:
DWIGHT E. BROCK, Clerk
BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA
By:
, Chairman
1.7B
Approved as to form and
legal sufficiency:
GlcL / f '^-
Heidi F. Ashton
Assistant County Attorney
h:hfa\ordinances\repealLivingston200 1-76MSTU
-'" I...."
.:'.,
11'
"......;,
178
January 23, 2004
Attn: Georgia
Naples Daily News
1075 Central Avenue
Naples, Florida 34102
Re: Repeal of Ordinance 2001-76, as amended, (Livingston Road
Phase II Beautification MSTU)
Dear Georgia:
Please advertise the above referenced notice on Friday, January
30, 2004, and kindly send the Affidavit of Publication, in
duplicate, together with charges involved to this office.
Thank you.
Sincerely,
Linda A. Houtzer,
Deputy Clerk
P.O./Account #101-163610-649100
178
NOTICE OF INTENT TO CONSIDER ORDINANCE
Notice is hereby given that on Tuesday, February 10, -2004, in the
Boardroom, 3rd Floor, Administration Building, Collier County
Government Center, 3301 East Tamiami Trail, Naples, Florida, the Board
of County Commissioners will consider the enactment of a County
Ordinance. The meeting will commence at 9:00 A.M. The title of the
proposed Ordinance is as follows:
AN ORDINANCE REPAEALING ORDINANCE NO. 2001-76, AS AMENDED, WHICH
CREATED THE LIVINGSTON ROAD PHASE II BEAUTIFICATION MUNICIPAL
SERVICE TAXING UNIT, PROVIDING FOR INCLUSION IN THE CODE OF LAWS
AND ORDINANCES, PROVIDING FOR CONFLICT AND SEVERABILITY, AND
PROVIDING FOR AN EFFECTIVE DATE.
Copies of the proposed Ordinance are on file with the Clerk to the
Board and are available for inspection. All interested parties are
invited to attend and be heard.
NOTE: All persons wishing to speak on any agenda item must register
with the County administrator prior to presentation of the agenda item
to be addressed. Individual speakers will be limited to 5 minutes on
any item. The selection of an individual to speak on behalf of an
organization or group is encouraged. If recognized by the Chairman, a
spokesperson for a group or organization may be allotted 10 minutes to
speak on an item.
Persons wishing to have written or graphic materials included in
the Board agenda packets must submit said material a minimum of 3 weeks
prior to the respective public hearing. In any case, written materials
intended to be considered by the Board shall be submitted to the
appropriate County staff a minimum of seven days prior to the public
hearing. All material used in presentations before the Board will
become a permanent part of the record.
Any person who decides to appeal a decision of the Board will need
a record of the proceedings pertaining thereto and therefore, may need
to ensure that a verbatim record of the proceedings is made, which
record includes the testimony and evidence upon which the appeal is
based.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
DONNA FIALA, CHAIRMAN
DWIGHT E. BROCK, CLERK
By: Is/Linda A. Houtzer, Deputy Clerk
r=;" r;-~
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Linda.Yl. .7-IOutzer
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:Reyeat Ord 200I-76
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REPEAL REPEAL ORD.
ORD.2001-76.doc 2001-76.doc
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friday, January 2~ 2004 11:07 A.JW
Linda A. .:J-IOutzer
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ATT176102.txt
Repeal Ord.
2001-76
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System Aaministrator [postmaster@nqptesnews.eomJ
friday, January 2.Jy 2004 ././.70 A.JJ1
Linda A. :JIOutzer
:Delivered: :Repeat Ord 200./-76
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Repeal Ord.
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Repeal Ord. 2001-76
Linda A. Houtzer
Page 1 of 1
178
!;~
.,.
From:
Sent:
To:
legals [Iegals@naplesnews.com]
Friday, January 23. 2004 2:46 PM
Linda A. Houtzer
Subject: RE: Repeal Ord. 2001-76
rcvd
to run jan. 30
thanks
georgia
-----Original Message-----
From: Linda A. Houtzer [mailto:Linda.Houtzer@c1erk.collierJl.us]
Sent: Friday, January 23, 2004 11:06 AM
To: Georgia (E-mail)
Subject: Repeal Ord. 2001-76
{7(}(}d:Um?1 ill!/-
:F1i:;t7se tldvertiJP flie tlttt7cfiedJwtlce (JJZ j'undii1/, JrHlUt-lT.lI 30, 2004-
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.. ~ .. . -.-
<<REPEAL ORD.2001-76.doc>> <<REPEAL ORD. 2001-76.doc>>
7hiznk Jj(JlI,
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1/2312004
Naples Daily News-
Naples, FL 3~102
Affidavit of publication
Naples Daily News
--------------------------------------------------+----------------------
BOARD OF COUNTY COMMISSIONERS
CHERI LEFARA
PO BOX 413016
NAPLES FL 34101-3016
REFERENCE: 001230
58793455
101163610649
NOTICE OF INTENT TO
State of Florida
County of Collier
Before the undersigned authority, personally
appeared B. Lamb, who on oath says that she serves
as Assistant Corporate Secretary of the Naples
Daily News, a daily newspaper published at Naples,
in Collier County, Florida: that the attached
copy of advertising was published in said
newspaper on dates listed.
Affiant further says that the said Naples Daily
News is a newspaper published at Naples, in said
Collier County, Florida, and that the said
newspaper has heretofore been continuously
published in said Collier County, Florida, each
day and has been entered as second class mail
matter at the post office in Naples, in said
Collier County, Florida, for a period of 1 year
next preceding the first publication of the
attached copy of advertisement; and affiant
further says that she has neither paid nor
promised any person, firm or corporation any
discount, rebate, commission or refund for the
purpose of securing this advertisement for
publiction in the said newspaper.
PUBLISHED ON: 01/30
1
=?'
p?
.NOTICE OF ..._
INTEttT TO C()f!ISl"""
ORPINANCE
Notice Isnereby gIven
that on Tuesday. Febru-
ary 10. .2004. In tlite
Boar!lroom. Ird FloQr.
AdrnlnlstratlOCl tull~.
collier county33GC'1e1 E~ci
ment center. 101 E_
Tamlaml Trail. Naples.
FlorIda. tile Board of
County commissIoners
will consll:ler tile ~-
ment of ~. County Ordl.
nance. The meetlng will
commence at 9:00 A.M.
The title of the pro-
posed O. rdlnance Is as
follows:
AN ORlilINANCE RE.
PAULING ORO.lNANCE
NO 2001-76. AS AMEND.
EP' WHICH CREATEP
THE LIVINGSTON ROAP
PHASE 11 BEAUTIFICA-
TION MUNICIML S€RV-
ICE TAXING.UNIT; PRO'
VIDING FOR INCLUSION
IN THE CODE OF LAWS
AND OROINANCE~i PRO-
VIDING fOR CONFLICT
ANo .sEYtRABlLITY: AND
PROVtOlliG FOR Aflltf-
FECTIVE DATI.
co!!!es of till! pt'ODOted
OrillnAnce are on file
with tne Clerk to the
Bo&fd-"d are available
for~' All Intered.,
ested .~ ..... InVlt .
to attend and be heerd.
NOTE: All persons wish-
Ing to speak on any
agendll. ,Item must reglds-
till' with tile County a .
mlnlttl'flt()r IlrlQr to. pre-
sentation of the agenda
Item to be addreSsed.'
Indhlldual speakers wIll:
be limited to smlnutes
on Illy' Item. The selec- ,
tlon of III IndMduAl to
speak on behalf of an
orgllllzatlon or group Is
encoura ed. If recog-
n zed by the Chairman.
a spokelperson for a
group or organlzatl!ln
may be allotted 10 min-
utes to speak on an
Item.
Persons wIshing to
have written or graphic
materials Included In,
the Board agenda paCk-
ets must submIt said
material a minimum of 3
weeks prIor to the re-
spective public hearing.
In any case. written ma-
terials Intended to be
considered by the Board
shall be submitted to
tlltr-approprlatecauntY
staff a minimum of sev,
en days prlor t.o the
publiC heal'l!Ill. All ma. \
terlalused In presenta-
tions before the Board
will become a perma-
nent part of the record'l
Any person who decld.,
es to appell,l a decision,
of the Boarll will need a!
record of the proceed-,
In~ pertaining thereto
and therefore. may
need to ensure that a
verbatim record of the
proceedIngs Is made.
which record Includes
the testimony and evI-
dence upon whIch the
appeal Is baSed,
BOARD OF COUNTY
COMMISSIONERS
COLLIER COUNTY.
FLORIDA .
DONNA FIALA. CHAIR.
MAN
DWIGHT E. BROCK.
CLERK
By: IsILlnda A. Houtzer.
DePuty Clerk
(SEAL)
. Jan. 30 No. 470100
AD SPACE: 117.000 INCH
FILED ON: 01/30/04
--------------------------------------------------+-------------------------
;f ,---f
/
Sworn to and Subscribed before me this Da day of
Personally known by me '#ffJ,",-,\...Lei!f e..{~~~
r/
Signature of Affiant
..'6~~:"tf~.;:" Harriett Bushong
e:'~';-a MY COMMISSION # DD234689 EXPIRES
~,o;;'-~;'Q" July 24,2007
#./f,/9f:.~~~\\..... BONDED THRU TROY FAIN INSUR.A,NCE. INC
~
200
.'
ORDINANCE NO. 2004-.-SIT
176
AN ORDINANCE REPEALING COLLIER COUNTY
ORDINANCE NO. 2001-76, AS AMENDED, WHICH
CREA TED THE LIVINGSTON ROAD PHASE II
BEAUTIFICATION MUNICIPAL SERVICE TAXING UNIT;
PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND
ORDINANCES; PROVIDING FOR CONFLICT AND
SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, on December 11, 2001, the Board of County Commissioners adopted
Ordinance No. 2001-76 which created the Livingston Road Phase II Beautification Municipal
Service Taxing Unit (the "MSTU"); and
WHEREAS, the Board of County Commissioners desires to terminate the MSTU.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA that:
SECTION ONE: REPEAL OF ORDINANCE NO. 2001-76, AS AMENDED.
Collier County Ordinance No. 2001-76, as amended, which created the Livingston Road Phase II
Beautification Municipal Service Taxing Unit is hereby repealed in its entirety.
SECTION TWO: INCLUSION IN THE CODE OF LAWS AND ORDINANCES.
The provisions of this Ordinance shall become and be made a part of the Code of Laws and
Ordinances of Collier County, Florida. The sections of the Ordinance may be renumbered or re-
lettered to accomplish such, and the word "ordinance" may be changed to "section," "article," or any
other appropriate word.
SECTION THREE: CONFLICT AND SEVERABILITY.
In the event this Ordinance conflicts with any other Ordinance of Collier County or other applicable
law, the more restrictive shall apply. If any phrase or portion of the Ordinance is held invalid or
unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate,
distinct and independent provision and such holding shall not affect the validity of the remaining
portion.
SECTION FOUR: EFFECTIVE DATE.
This Ordinance shall take effect upon filing with the Florida Department of State.
~;
PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier
County, Florida, this \ott' day otfrb'Ltt~, 2004.
BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA
By:
ifL>?~ .J~
, Chairman
\\,<
,. "'c'"'"
Approved as to form and
legal sufficiency:
d~,J
Heidi F. Ashton
Assistant County Attorney
h: hfa\ordinances\repealLi vingston200 1-76MSTU
?B
178
STATE OF FLORIDA)
COUNTY OF COLLIER)
I, DWIGHT E. BROCK, Clerk of Courts in and for the
Twentieth Judicial Circuit, Collier County, Florida, do
hereby certify that the foregoing is a true and correct
copy of:
ORDINANCE 2004-07
Which was adopted by the Board of County Commissioners
on the lOth day of February, 2004, during Regular Session.
WITNESS my hand and the official seal of the Board of
County Commissioners of Collier County, Florida, this 11th
day of February, 2004.
"; . .r. ~,<~,~ ''':''!\.~~'~.:. ~
; )l~':.: ~ :~;,::rf. '^~f1#; ,>t \ >
DWIGHT E. BROQK _',' ':':" ~..,,;
Clerk of Cou~-s"a.nd!'ICl~i:k.' <\ ";~
" . ~ ' I . . \ ';': ! .__,
Ex-officio to .Board of. ; :I~ti':i. '\.
~ . , ~.
County Comm~~fopers . ; -'; ]. :~'.:. '
" ~j_ ". '~ '}J' f"'.(. . ~ f.
~ ~;I cLl'. .. .':.,"7' :.' (~,,- .~:
lJ..tAA.,,--,-_. 'l;~~~~. ". .{~.:~)o~~:.,~.:~"lJ-
. I,.,." ~/iav ~ -Ll . ~~" -' -
By: Ann;J. neJ IT" oj. .
Deputy Clerk.